Insurance Defence
We Defend Claims brought against Insurers and the Insured
Insurance defense is a crucial area within the legal and insurance industries, as it helps to manage risks and protect the interests of policyholders while minimizing losses for insurance companies.
When an insured individual or entity is sued or faces a liability claim, the insurance company often steps in to provide legal representation and cover the costs associated with defending the claim, as long as the claim falls within the coverage of their policy.
We represent and defend the insurance companies’ interest in all levels of court in British Columbia in First Party, Third Party, and Subrogation Claims.
First Party Claims: We defend insurance companies' where allegations are made of bad faith, insurance coverage is in dispute, breach of contract and improper handling of claims.
Third Party Claims: We defend insureds and self-insureds in claims for personal injury, property damage, slip and falls, fires, and product liability.
Subrogation: We represent Insurance Companies who are required to pay a claim due to another party's negligence.
Key aspects of insurance defense include:
1. Legal Representation: We offer services to Insurance Companies or Self Insured Commercial Clients to represent claims brought against them or their Insured.
2. Claim Evaluation: Upon receipt of a matter we asses the merits of the claim and determine the best course of action, whether it's fearlessly defending the claim in court, negotiating a settlement, or other strategies.
3. Cost Control: Our focus is to provide practical solutions at reasonable fees. We understand large firms come with higher costs. We focus on streamlining the work by reducing the number of hands touching a file, ensuring costs are within reasonable limits.
Depending on the matter, we always strive to achieve the best possible outcome for our client whether that means resolving a matter through early settlement, negotiations, mediation, or proceeding to trial. We are fearless advocates and work tirelessly for our clients.
Occupiers Liability
What is Occupiers Liability?
Occupiers Liability relates to the duty of care typically imposed on property owners or occupiers to ensure the safety of their premises.
Common Types of Occupiers Liability Cases We Defend
- Slip & Falls
- Trip & Fall on Uneven Ground or Potholes
- Dog Bites
- Assaults
- Ice & Snow Accidents
- Sports Accidents
- Municipal Property Accidents on Roads & Sidewalks
- Faulty Stairs or Handrails
- Fires
- Swimming Pool Accidents
- Property damage claims
- Insurance coverage disputes
- Contractual disputes
Product Liability
What is Product Liability?
Product liability refers to the legal liability that manufacturers, distributors, suppliers, sellers, and/or installers may have when consumers are harmed by a defective product.
Individuals who buy or use products have a right to expect not to be injured when the product is used as intended. If they are hurt because of a problem with the item, they can pursue a civil claim to recover compensation for their resulting damages.
Product liability laws will govern these types of cases and will determine who should be held accountable and forced to compensate for damages.
Common Types of Product Liability Claims we Defend
- Design Defects
- Manufacturing Defects
- Breach of Warranty
- Failure to Warn
- Medical device manufacturers who design devices in a faulty way that causes harm to the consumer, such as replacement hip joints that shatter inside of the body.
- An elevator with a defectively manufactured pulley system that causes the car to collapse or fall injuring passengers
- A vehicle with a missing steering part that causes loss of vehicle control
- A bicycle with a defectively manufactured steering bar that causes the bicyclist to lose control
- Children's products & toys containing unacceptable levels of lead, which could be toxic
- A badly designed coffee maker that sprays hot liquid on users causing burn injuries.
- An inclined sleeper that could cause children to accidentally suffocate as a result of defective design
- Child car seats and booster seats should come with specific instructions about proper installation failing which the seat may not properly protect the child.
- A sleeping pill that does not include on its label a warning that it may potentially cause dangerous side effects.
- Toys that don't have warning labels, which could cause serious injuries.
Representation
We represent insurance companies defending the interests of the manufacturer, distributor, supplier, installer, or retailer in situations where an injury may arise as a result of an alleged defective product.
Property Damage
What is Property Damage?
Property damage occurs when a property is damaged or destroyed. The property loses some of its monetary value and/or loses its functionality as a result of the damage it sustains. A property damage claim can involve things large (your home or vehicle) or small (your smartphone or jewelry). Property damage compensation often includes repair or replacement, plus recovery for secondary financial losses.
Common Types of Property Damage Claims
- Wind & Hail Damage
- Water Damage
- Fire & Lightening
- Theft & Vandalism
- Your neighbour's tree falls on the roof of your garage, damaging the structure and totaling your car
- Your housecleaner dusts your tv & it accidentally falls over and breaks
- You slip and fall on a wet floor in the grocery store and land on your backside, breaking your phone, which was in your back pocket.
Insurance Plays a Big Role
A key issue in most property damage situations is whether there's an insurance policy that might apply to cover repair or replacement of the property. This could mean your own insurance policy (if you're the property owner) or someone else's coverage (if they caused the damage).
Subrogation
What is Subrogation?
"Subrogation" refers to the right your insurance company holds under your policy — after they've paid a covered claim — to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party's insurance company.
The process occurs when the insurer pays out an amount of money to their insured for damages resulting from the actions, inactions, or negligence of a third party. The insurance company has the right to pursue the amounts paid out to their insured.
Example of Subrogation
A fire recently started at John's house causing significant damage.
Susan is housesitting for her friend John who is out of town. She starts cooking Grilled Cheese on the Stove but soon after leaves the room because her favourite TV show came on.
Susan falls asleep on the couch, but the stove is still on. She wakes up to a fire and runs out of the home. About 70% of John's house and possessions are damaged from the fire.
Susan does not think she should be held liable for the fire. In the meantime, John's Insurance Provider pays to repair the damage. It is his home and he cannot wait months for a legal battle to play out. Susan does not have the money to pay out of pocket either.
The repairs to John's house start. His insurance company exercises its right to subrogate on his behalf and launches a lawsuit against Susan to recover the money they paid to fix his house.
Susan has her own home and as a result has an insurance policy with liability coverage. In this instance Susan's home insurance company pays John's home insurance company for the damage to his home.
Professional Liability
What is Professional Liability?
Certain Professionals with expertise in a specific area are high risk by nature, such as: lawyers, real estate agents, mortgage broker, accountants, architects, and medical professionals.
Professional liability claims may arise out of a number of circumstances, including professional negligence, mistakes, oversights, misrepresentations, inaccurate advice, missed deadlines or undelivered services.
We offer services to insurance companies in a variety of professional fields such as: construction, medical malpractice, real estate, insurance, and the legal industry.
Example of Professional Liability Claims
- Claims against a Lawyer, Real Estate Agent, Mortgage Broker, Accountant, and Medical Professional,
- An architect designs a home or commercial building improperly
- An accountant fails to file tax returns on time
- An Accountant designates a company improperly resulting in greater tax liability to that company
- A Lawyer fails to file a claim within a limitation period
- A real estate agent fails to disclose property information
- A management consultant provides negligent work
First Party Claims
What are First Party Claims against an Insurance Company?
We protect Insurance Companies' interests in a variety of claims against them that include insurance coverage disputes, improper handling of claims, breach of contract, and bad faith claims.
Examples may include:
- Denying an insurance claim
- Claim Investigations
- Timing of Paying a Claim
- Bad Faith Claim
- Breach of Contract
- Improper Handling of Claims such as making false statements to the policyholder or their representatives
- Refusing to return calls or emails
- Offering an unreasonably low settlement amount
We work tirelessly defend the Insurance Companies' when allegations of bad faith, breach of contract, improper handling of claims or coverage disputes ares made against Insurance Companies.