Insurance Litigation

Lawson Lundell’s Insurance Litigation Group advises and represents clients in a variety of insurance-related contexts. We represent our corporate clients, health and welfare benefit trusts, private and public sector pension plans, and insurance companies on both insurance coverage and liability matters. We also act for insurance brokers and agents in relation to errors and omissions claims, advise on specialized matters relating to corporate issues affecting directors and officers liability, and assist clients in preparing submissions to government regarding proposed amendments to insurance legislation in Canada.

On the coverage side, we review policies and provide coverage opinions, and we pursue and defend coverage actions seeking defence and indemnity from the insurer and damages for bad faith. We act as counsel in overlapping coverage disputes among multiple insurers, and advise clients in relation to the defence of partially insured claims.

On the liability side, we are often retained by our corporate clients and/or their insurers to defend insured liability claims. Our liability defence practice includes complex multi-party disputes arising out of product liability claims, engineering and construction claims, class actions, professional negligence claims, directors and officers’ liability, accident and disability, fiduciary and breach of trust claims, fire and property damage, and subrogated claims.

Experience

Examples of work done in Insurance litigation include:

• Successfully obtained a declaration of insurance coverage for our client. (EFP Holdings Ltd. v. the Boiler Inspection and Insurance Company of Canada 2001 BCSC 1580; 2002 BCCA 637)
• Acting as coverage counsel to an excess project professional liability insurer in relation to claims against several insureds totalling over $50 million in damages arising out the design and construction of a hydroelectric power plant
• Acting as defence counsel for insured financial services companies and their licensed financial advisors in relation to multi-million dollar actions across Canada arising from the sale of limited partnerships, mutual funds, and other investments, and pursuing insurance coverage in respect of such claims
• Acting for a mining company in relation to a subrogated claim brought by the insurer seeking in excess of $35 million in damages arising out of an explosion
• Acting as coverage counsel to an excess project professional liability insurer in relation to multiple claims totalling over $100 million in damages arising out of the design and construction of a gas pipeline from British Columbia to Illinois, and related processing facilities
• Acting for the fiduciary insurer as defence counsel for a private sector pension plan sponsored by a national telecommunications company in claims brought by former management employees seeking enhanced pension benefits and challenging amendments to the pension plan
• Acting for the fiduciary insurer as defence counsel for the board of trustees of a large public sector pension plan in an action brought on behalf of retired members seeking to overturn changes to the group health benefits provided through the plan
• Acting for fiduciary insurers defending various boards of trustees of health and welfare benefit trusts in claims for disability benefits alleging breach of fiduciary duty and negligent trust administration
• Acting for mining companies pursuing coverage under historical commercial general liability policies for environmental contamination
• Acting as coverage counsel to a mining company in British Columbia in relation to jurisdictional disputes regarding the appropriate forum to determine coverage issues arising out of the alleged contamination of Lake Roosevelt in Washington State from discharges into the Columbia River in British Columbia
• Acting as coverage and defence counsel for insurers and financial institutions in relation to life and loan insurance claims, including fraud and non-disclosure issues
• Acting as coverage counsel for one of the world’s largest engineering firms in relation to pursuing its professional liability insurer in Canada for coverage for claims arising out of the design of a gold mine in South America
• Advising on insurance coverage for numerous boards of directors of corporate clients in relation to directors and officers liability arising out of corporate transactions

Team