- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
- Featured Case: Jung v Cloverdale Mall., et. al. - Marla Kuperhause, May 01, 2015
- Ontario Court of Appeal Decision - Sanofi Pasteur Limited v. UPS SCS, Inc. 2015 ONCA 88 - Hillel David, February 11, 2015
- McCague Borlack on winning side of two cases released by the Supreme Court of Canada this week - Howard Borlack, April 19, 2012
- Collett v. Reliance Home Comfort | Szilvasy v. Reliance Home Comfort - Hillel David, ONSC 6928, December 07, 2011
- Goodyear Canada Inc. v. American International Companies , Court File No. CV-09-00377269, September 15, 2011
INSURANCE COVERAGE
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
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- Sports, Recreation & Resort Liability
- Subrogation
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Practice Areas
Our Insurance Coverage Group is recognized as one of the largest and most experienced in Canada. It is composed of a balanced mix of senior, intermediate, and junior lawyers with expertise in the legal issues that arise in virtually all lines of insurance.
Equally important, our lawyers understand the business of insurance and risk management.
We are available to assist with the increasingly complex world of policy drafting and opinion work. We also provide advice and representation in coverage disputes that are in litigation, arbitration, mediation, or other resolution forums.
The services offered by our Insurance Coverage Group to the insurance, brokerage, and risk management community are tailored to match the major elements of a comprehensive coverage risk management program centred on first party and third party insurance products. Details follow:
1. Full Range of Services
The Insurance Coverage Group stays at the forefront of the latest developments and trends in insurance law to provide our clients with the very best of coverage advice and representation. Our services include:
- drafting and modifying policy wordings to fit an Ontario or Canadian context
- coverage analysis of particular policies as applied to particular claims
- assessments of the interaction of various coverages
- representation in actions, applications, arbitrations, and other alternative dispute resolution processes to determine coverage
- selection of appropriate experts and consultants to supplement coverage-related analyses (e.g. accountants, engineers, industry underwriting professionals)
- advice on new jurisprudence, statutory changes, and other legal or industry developments
2. First Party Coverage Issues
First party coverage disputes are usually rooted in divergent, but not necessarily unreasonable, competing views of insurers, policyholders, and/or reinsurers. Brokers and adjusters are frequently caught in the middle. The larger and more complex the loss, the greater the room for disagreement over the application of policy wordings. We have a broad range of experience with the following:
- commercial property and business interruption/time element losses
- subscription conflicts
- boiler & machinery wordings
- priority disputes between property and boiler & machinery carriers
- loss adjustment and appraisal issues
- investigation and evidence preservation for subrogation
- fidelity bond, surety, and crime losses
- personal lines – property
- specialty lines (e.g. e-commerce, product recall, political risk, environmental, construction, etc.)
- health, life, disability lines
3. Third Party Coverage Issues
Typical issues that arise between insurers, policyholders, and/or reinsurers in liability coverage disputes include:
- the duty to defend
- allocation of defence costs and indemnity payments
- trigger of coverage and multi-year “long tail” exposures
- “claims made/reported” versus “occurrence” forms
- “other insurance” issues arising from the same or different primary forms (commercial general liability, errors and omissions, directors’ and officers’ liability)
- single-year and multi-year excess/umbrella layer analysis
- “bad faith” claims handling and resolving “conflict of interest” scenarios
- declaratory proceedings to determine obligations to policyholders or as between insurers on the same risk
- reinsurance or retrocession disputes on treaty or certificate wordings
Members of our Insurance Coverage Group have addressed the above issues in the context of many insurance risks, including:
- commercial/comprehensive general liability
- products liability
- professional liability
- directors’ & officers’ liability
- specialty corporate and commercial liabilities
- personal injury exposures
- motor vehicle liability exposures under auto policies
- homeowner liability
- environmental liability
- wrap-up liability (construction)
- automobile fraud investigations
4. Multi-Jurisdictional Services
Our Toronto law firm is well positioned to provide legal services on an individual or multiple retainer basis for all elements of a coverage risk management program, whether on behalf of policyholders, brokers, insurers, or reinsurers. We also have the unique advantage of membership in the National Coverage Group of Canadian Litigation Counsel, an affiliation of independent insurance law firms across Canada. This relationship, together with our ties to the Harmonie Group in the U.S. and various European firms, enables us to arrange Canadian, North American, and worldwide coverage services through individual firms or a multi-jurisdictional team to comprehensively address the issues.
As a special service, we are available to serve as co-ordinating counsel to contain the increasing hazards inherent in national and international coverage programs as respects conformity with local laws and uniformity in coverage positions. We are experienced in marshalling integrated advice and representation across borders to ensure consistency in coverage responses and litigation positions.
- Diminishing Returns - Divisional Court Confirms Motor Vehicle Accident Claims for Diminished Value are Statute Barred by Insurance Act by Matthew Dugas and Sandra White, February 10, 2023
- The Mechanics of The Duty to Defend, The Duty to Indemnify, And Additional Insureds by Garett Harper, First presented at a client seminar, August 31, 2022
- Ontario Court of Appeal Upholds Decision to Deny Coverage for Tort of Intrusion upon Seclusion Claims - Case Comment: Demme v. HIROC by Eric Turkienicz, July 28, 2022
- Striking a Jury Notice – Not so fast! by Eric W.D. Boate, February 11, 2022
- No Escape from a Policy Breach Even Years Later Case Study: Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance by Jessica Grant, This article originally appeared on the OBA Insurance Law Section's articles page., February 07, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- Unrealistic Coverage: Insurer tripped up by loose policy language - Case Study: Surespan Structures Ltd. v Lloyds Underwriters by Hillel David and Howard Borlack, June 16, 2021
- The Current State of the Law on Adverse Costs Insurance by Van Krkachovski, This was first presented at CDL's 2021 Insurance Coverage Symposium, May 07, 2021
- Must an Insurer wait until Trial to Contest the Validity of the Policy? - Case Study: IT Haven v Certain Underwriters at Lloyd's by Hillel David, April 06, 2021
- Litigation Loans and Adverse Cost Insurance by Van Krkachovski, Catherine A. Korte and Michael Kennedy, March 26, 2021
- 2 Insurance Policies, 1 Insured: Who Defends the Action, Who Pays the Costs of the Defence, and Who Controls the Defence? Case Study: Markham (City) v. AIG by Van Krkachovski, December 03, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack, August 10, 2020
- Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance by Hillel David, June 24, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts by Peter F. Yaniszewski, April 29, 2020
- COVID-19: Business interruption – Are you covered? by Peter F. Yaniszewski, April 14, 2020
- Can a claim be denied due to criminal history from 20 years ago?: Case Study: Mohammed v The Manufacturers Life Insurance Company by Van Krkachovski, March 12, 2020
- Analyzing Use or Operation of a Vehicle - Case Comment: Hunt v Peel Mutual Insurance by Howard Borlack, February 14, 2020
- A Duty of Good Faith is Foundational: Case Study: Demetriou v. AIG Insurance Company of Canada (2019 ONCA 855) by Theresa Hartley and Van Krkachovski, January 13, 2020
- Egg on your face - you may have a claim: Case Comment: Gilbrairth v. Intact Insurance by Howard Borlack, April 08, 2019
- Jam Session Gone Wrong: How an Office Party Created a Coverage Debacle - Case Study: RSA v. Intact , March 08, 2019
- Unpacking the Crate: A Carrier's Tools for Collecting Unpaid Freight Charges by Ben Tustain, February 15, 2019
- Some Diamonds are Not Forever: The Insurance Case of the $580,000 Stolen Ring , February 05, 2019
- Approximately 2.5 Million Dollars Gone in Approximately 2.5 Seconds: An Insurance Coverage Nightmare by Howard Borlack, January 28, 2019
- Court of Appeal Clarifies Approach to Overlapping Insurance Coverage: Case Study: TD v. Intact , January 17, 2019
- No Playing Around: An UPDATE on Tort Liability and School Yard Injuries , September 11, 2018
- Acting for both Insured and Insurer: What Counsel Need to Know by Jessica Grant, September 08, 2018
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Secrets Between Children and Parents Are Litigation Records of a Children's Lawyer subject to Father's Freedom of Information Request? , June 28, 2018
- Insurers Beware: Ontario Court Rules Underwriting and Broker Files are Producible in Tort Litigation when Consent is a "Live Issue" , June 27, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Alcohol, Snowmobiling, Breaching a Probation Order and Insurance Coverage , November 13, 2017
- The IPC clarifies when insurers may and may not collect Health Card numbers , November 02, 2017
- The Sharing Revolution – Accident Benefits Coverage For Uber Drivers & Passengers , October 16, 2017
- No Playing Around: Tort Liability and School Yard Injuries , September 18, 2017
- Everything You Need to Know About Trial Insurance: Security Against Bad Outcomes at Trial For Sale! , First presented at an MB Client Seminar, July 10, 2017
- Do Parents Know Best? An Update on the Enforceability of Waivers Executed on Behalf of Infants , First published with Canadian Underwriters Magazine , February 10, 2017
- Autonomous vs Semi-Autonomous Vehicles: The Liability Distinction by Eric W.D. Boate, February 10, 2017
- Privacy Law for AB Insurers by Catherine A. Korte, First presented at a client seminar, February 06, 2017
- Combatting Exposure: Utiization of Waivers by Ski Hill and Resort Operators - A Defence Perspective by James Tomlinson, First presented at the Sport Seminar, February 02, 2017
- Fans Beware: The Risks of Watching Your Favourite Athletes by James Tomlinson and Garett Harper, First presented at the Sport Seminar, February 02, 2017
- First Party Claims: Affidavit of Documents (and Conclusion) - Part 7 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 28, 2016
- First Party Claims: Pleadings - Part 6 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 27, 2016
- First Party Claims: Special Considerations - Part 5 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 26, 2016
- First Party Claims: Is Bad Faith Pleaded? - Part 4 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 25, 2016
- First Party Claims: Responsibilities of the Insurer and Insured - Part 3 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 24, 2016
- First Party Claims: The Insurance Policy - Part 2 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 23, 2016
- First Party Claims: Defining First Party Claims - Part 1 of 7 , First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer, November 22, 2016
- Caring for the Elderly and the Duty to Supervise , September 30, 2016
- The “Lullaby Standard of Care” for Tavern Owners Case Study: Linton v. Tholos Restaurant , September 28, 2016
- The Mechanics of the Duty to Defend by Garett Harper, September 15, 2016
- Circumstantial Evidence should not be Overlooked by Claims Adjusters , September 14, 2016
- PIPEDA and the Internal Complaints Process of Insurers and Banks Case Study: Decision from the Office of the Privacy Commissioner of Canada , September 13, 2016
- Declaring Values on "Contracts of Carriage" in Ontario , MB Transportation Newsletter, August 17, 2016
- Court of Appeal Decision on Dependency in a Priority Dispute Dealing with New Relationships , August 05, 2016
- Pokémon Go: Augmented Reality is the New Reality for Liability Insurers , MB Transportation Newsletter, July 15, 2016
- An overview of the statutory obligations for insurers to participate in mediation and to attempt to settle by Van Krkachovski, July 05, 2016
- Public Sharing of Private and Personal Information and Videos: Cyberbullying and the Implications for Insurers , MB Newsletter, May 02, 2016
- For Want of Jurisdiction , Previously published by Canadian Underwriter.ca, January 05, 2016
- When all is said and done: Final Releases by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Waiver of Liability vs. Public Policy - Which Takes Precedence? by James Tomlinson, First presented at MB's Sports Law Seminar, May 14, 2015
- Know your limits! Contributory Negligence in a sport and recreation context by James Tomlinson and Garett Harper, First presented at MB's Sports Law Seminar, May 14, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Bad Faith Claims and Bifurcation after Bhasin v. Hrynew: An Insurance Perspective , First Published with Toronto Law Journal, January 21, 2015
- Too big for its britches? Fitting Chronic Pain into the Minor Injury Guideline of Ontario's Accident Benefits Scheme , First presented at an MB Client Seminar, October 31, 2014
- Seeing is Believing , First presented at an MB Client Seminar, October 31, 2014
- Establishing Causation in Cases of Chronic Pain by James Tomlinson, First presented at an MB Client Seminar, October 31, 2014
- Carriage and Control of the Action and Independent Settlement of the Subrogated Claim by Hillel David, Reproduced by permission of Canada Law Book, a division of Thomson Reuters Canada Limited., July 29, 2014
- Mary Carter Agreements by Michael Kennedy, First presented at an MB Client Seminar, June 16, 2014
- Protection for Settlement Negotiations , First presented at an MB Client Seminar, March 04, 2014
- Recent Ontario Court of Appeal Decision: All Defence Costs are not Created Equally by Jennifer E. Kelly, MB Insurance Coverage News Alert, December 13, 2013
- The Top 5 Tort Cases of the Preceding Year and Ever Increasing Damage Awards and the Future Care Case Law by Martin Smith, September 13, 2013
- Executive Officers are Employees: The "Gap" Between Workers' Compensation and General Liability Policies , September 12, 2013
- Appropriate Limitation Periods Clarified for All-Risk Business Insurance Policy , August 02, 2013
- Recent Decision: Case Summary: Aweys and Intact Insurance , Published in MB's Accident & Benefits Newsletter, April 15, 2012
- Effective Claims Management: Managing the Legal Journey with Your Counsel , MB Seminar - Effective Claims Management, November 04, 2011
- Effective Claims Management: Ambiguous Policy Wordings and Court Interpretations , Paper for MB Seminar - Effective Claims Management, November 04, 2011
- Case Study: Zurich Insurance Company Ltd. v Ison T.H. Auto Sales Inc , MB Subrogation Newsletter, October 27, 2011
- Clarifying pollution exclusions in commercial insurance policies , The Lawyers Weekly, August 18, 2011
- Enough is Enough: When Will Plaintiff’s Case Be Dismissed For Delay , Insurance Law Journal Vol XII No. 3, November 30, 2010
- Supreme Court Reconsiders the Meaning of "Accident" , MB Insurance Coverage Newsletter, May 31, 2010
- Ottawa-Carleton Standard Condominium Corporation 687 v ING Novex (1) by Hillel David, MB Insurance Coverage Newsletter, May 31, 2010
- A Dirt Bike is Considered an Automobile by the Ontario Court of Appeal , MB Transportation Newsletter, January 31, 2010
- Loss transfer regime is applicable even when the accident occurred outside of Ontario, if Ontario insurers are involved , MB Transportation Newsletter, January 31, 2010
- Claimant can meet one definition of catastrophic impairment but not the other: Pastore v. Aviva , MB Transporation Newsletter, December 31, 2009
- Whether a psychological injury in conjunction with a physical injury can be considered catastrophic: Fourniev v. Coachman , MB Transportation Newsletter, December 31, 2009
- General Damages which are exactly $100,000.00 are subject to the statutory deductible: Winckle v. Siodlowski , MB Transportation Newsletter, December 31, 2009
- The Notional Equivalent of Being Struck by an Automobile: Tucci v. Pugliese , MB Transportation Newsletter, December 31, 2009
- Before You Settle - Lockhard v. Quiroz v. C.A.A. Insurance Co. (Ontario)[1] , MB Transportation Newsletter, December 31, 2009
- Does the Province of Ontario Owe a Duty of Care When Transporting Accident Victims? , OBA Insurance Law Newsletter Volume 20 no.2, December 31, 2009
- Serial and Independent Concurrent Causes in Insurance Law by Hillel David, Advocates Quarterly, August 31, 2009
- SCC Narrows 'Faulty Design' Exclusion , The Lawyers Weekly, January 15, 2009
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