News & Events

Prying off the Lid: Looking into the Mysterious and Complex World of Insurance Coverage



This "Boot Camp" is intended for young (and not so young) lawyers, examiners, adjusters, brokers and others within the industry who are beginning to grapple with coverage issues. Chaired by Mark Lichty of Blaney McMurtry LLP and John Nicholl of Nicholl Paskell-Mede LLP, two of Canada's recognized experts in the management and litigation of coverage issues and composed of a distinguished faculty who focus on coverage matters, the program will provide both a framework for analyzing and insight into coverage issues which arise frequently. In addition to reviewing legal principles and issues it can provide practical advice and teach skills to properly address coverage issues and avoid extra contractual damage claims.



Agenda



8:15-8:55 Registration and Continental Breakfast



8:55-9:00 Opening Remarks Chair John Nicholl, Nicholl Paskell-Mede LLP



9:00-9:45 The Launch Pad: General Insurance and Policy Interpretation Principles  

                   Speaker: Tom Donnelly, Thomas Gold Pettingill LLP

• Intent: How to determine what the parties "intended" the contract to cover


• Context: Why you must read the entire policy from front to back


• The Toolkit: Ambiguity, inconsistency, repugnancy, redundancy, and other interpretation tools


• The Final Word: How judges interpret policies

• Placement of the policy:  how it happens -How the language is created, vetted and amended


• How risks are rated: a look behind the mysterious world of underwriting


• The interrelationship between brokers and insurers

10:30-10:45 BREAK



10:45-11:30 Personal Lines Cover: An Overview of Auto and Habitational Coverage 

                       Speaker: Julie Lamb, Guild Yule LLP

• Types of policies


• Basic Coverages


• Common Exclusions

11:30-12:15 Soup to Nuts: the Components of the Liability Insurance Spectrum and How They Do (or Don't) Fit Together 

                       Speaker: John Nicholl, Nicholl Paskell-Mede LLP

• The various forms of liability cover (CGL, Homeowners, E&O, D&O, etc) -Overview of the intent underlying each form


• Speciality cover (Media , tech, etc)


• Common law and Code considerations

12:15 – 1:15 LUNCH



1:15-2:00 The CGL in 2010

                  Speaker: Mark Lichty, Blaney McMurtry LLP

• The declaration page , critical information


• Insuring Agreement issues, Cover A and B issues


• Exclusions


• Conditions that count 

2:00-2:45 The Mysteries of the Defence Obligation 

                  Speaker: Jason Mangano, Blaney McMurtry LLP

• The distinction between an insurer's defence and indemnity obligation -


• When the defence obligation arises -


• Basic interpretative principles including the pleadings rule and -


• The issue of mixed claims. 

2:45-3:00 Break



3:00-3:45 An Introduction to D&O Insurance and Related Coverages  

                  Speaker: Mary Margaret Fox, Nicholl Paskell-Mede LLP

• Intent underlying the D&O policy; what it covers and what it does not respond to


• The three critical forms of cover in For Profit policies


• Important exclusions and their application


• Non-profit D&O cover :  who, what and why

3:45-4:30 Handling Claims: Good Faith Bad Faith 

                  Speaker: Greg Jaycock, Parlee McLaws LLP

• What is bad faith?


• Who do you need to consider?


• Some key do's and don’ts

4:30 Closing Remarks, Prize Draws



$350 plus HST for members; $425 plus HST for non-members

The Best Defence programme is to be held this September 29th at the Wosk Centre for Dialogue, 580 West Hastings Vancouver. This is a perennial favourite amongst the BC insurance community. $350 plus HST for members and $425 plus HST for non-members. It also is worth at least 6 CPD credits.



Chaired again by Karen O’Byrne of ICBC, the topics are being finalized now and will cover everything you need to take your defence practice to the next level, including:



• Courtroom Performance – Len Matheo, Courtroom Performance Inc., Colorado

Professional actors and directors they have helped thousands of lawyers and their witnesses prepare for trial, by employing the professional actor’s techniques of effective story analysis, story structure, and persuasive presentation. Join Leonard Matheo of Courtroom Performance, Inc., a trial consulting firm dedicated to improving oral advocacy, and authors of the book, The Lawyer’s Winning Edge: Exceptional Courtroom Performance.

• Indivisible Injuries – Multiple Tortfeasors’ Nightmare? – Patrice Abrioux, Quinlan & Abrioux, Vancouver

An exploration of developing jurisprudence on indivisible injuries and the joint and several liability of consecutive tortfeasors.

• Experts – A Tale of Three Provinces: Mark Virgin, Stevens Virgin, Vancouver; Dan Reisler, Reisler Franklin LLP, Toronto; Vivian Stevenson, Duncan & Craig LLP, Edmonton

A panel discussion of the civil rules with respect to experts in British Columbia, Ontario and Alberta.

• Using Structured Settlement Costs Effectively, Bob Nigol, Henderson Structured Settlements Inc., Vancouver

How to simplify negotiations using structured settlement costs.

• Factums and Chambers Arguments in the Court of Appeal, The Honourable Mr. Justice Richard Low, B.C. Court of Appeal & Gregory S. Pun, Law Officer, B.C. Court of Appeal

A review of the technical and procedural requirements for factums and chambers arguments in the B.C. Court of Appeal, including comments from registry staff on how to avoid common errors that can result in rejection of the factum at the counter, and comments from a justice of the Court on what is and is not useful and persuasive in written arguments.

Don't miss out on our popular annual paralegal programme. Chaired by Pat Armstrong of Lindsay Kenney LLP, this ultimate paralegal educational event rounds out top-quality CLE for your entire defence team. Keep an eye on your inbox for details as they become available.



Confirmed topics include:

Health Care Costs Recovery Act – has been in force since Apr 1/09 – the purpose of the Act, who the Act applies to, judicial application of the Act to date, compensation of counsel advancing a claim under the Act, current issues in interpretation and what steps counsel need to take prior to settlement or litigation of a claim to ensure compliance with the Act.

            Speakers: Nevin Fishman, Bernard & Partners and an Expert form The Ministry of the Attorney General



New Legislation – Strata Property Act and/or New Insurance Act;  Speaker:  Krista Prockiw, Clark Wilson LLP



Chambers Applications; Patricia Armstrong, Lindsay Kenney LLP



Injury Biomechanics and it's use in pedestrian impacts to investigate injury causation, other possible explanations, statement consistency, and vehicle speed. Also covered will be the physical and witness evidence required to properly investigate a pedestrian collision. 

            Speaker:  Dennis Chimich, MEA Forensic Engineers & Scientists



 New Rules of Court; Speakers: Nancy Vianello, Clark Wilson and Paul Beagan, Office of the Registrar



Internet Sleuthing & Preservation of Electronic Evidence: One of Canada’s leading computer forensic examiners will discuss how to properly identify and preserve electronic data including social networking sites.

            Speaker: John Young, Computer Forensics Expert

Our most popular AB pair is back! Register for one or both and receive 15% off!



3rd Annual It’s in the Details: An Accident Benefits Experts Seminar  Friday, October 8, 2010 & Friday April 8, 2011 Ontario Bar Association, 200-20 Toronto Street, Toronto  



Whether you are an expert, or feel the need to enhance your expertise in the area of Accident Benefits, this seminar is a must for defence counsel and insurers alike. A sell-out again last year, CDL is delighted to offer another full day of high level, strategic presentations from the best of the best, to raise your Accident Benefits practice to the next level. Chaired again by Kadey B. J. Schultz of Hughes Amys LLP.



2nd Annual Accident Benefits: How to win you AB Case from Start to Finish  Friday, April 8, 2011 



This joint plaintiff/defence programme was a hit in 2009. Chaired by Kadey B.J. Schultz of Hughes Amys and Michael Henry of Howie Sacks & Henry, it promises to be the great success it was last year so keep an eye on your inbox. Further details and registration information will be circulated soon.



Individually each seminar is $350 plus HST each for members; $425 plus HST each for non-members and if you register for both in advance, there’s a 15% discount on fees($595 + HST members, $722.50 + HST non-members) ! 

Moderator Susan Gunter of Dutton Brock invites you to participate in a breakfast discussion celebrating the unique challenges faced by women of the defence bar.

Register your young lawyers now for Boot Camp Toronto: Basic Training for New Defence Lawyers on November 10, 2010 at the Ontario Bar Association, 200-20 Toronto Street, Toronto. Chaired by CDL Past President Susan Gunter of Dutton Brock LLP, this programme is essential for all new insurance defence lawyers. Lunch is included as well, all for the low price of $175 plus HST for members and $210 plus HST for non-members (which includes a free membership in CDL).

Join Chair Robert McGlashan of Genest Murray LLP at this seminar is for junior and intermediate counsel. Its purpose is to provide a detailed analysis of the Occupiers Liability Act and recent developments in the case law. It also will provide a discussion of defending occupiers Liability cases within specific contexts and recent case law developments in those areas including defending shopping malls, recent developments with respect to the many different types of risk at the mall, Defending claims relating to Cross Country and Downhill Skiing and defending claims at Summer Recreational Properties Such as Pools, Zoos, Parks and Golf Courses. The seminar will also look at common law defences to occupier’s liability issues, how to examine a plaintiff in an occupiers liability matter and what admissions defence counsel need as well as an in-depth exploration of recent case law dealing with seeking Defence and Indemnity From Third Parties Such as Security, Cleaners and Snow Removers.



LIST OF TOPICS



1) Analysis and Interpretation of the Occupiers Liability Act

2) Dealing with Sophisticated and Litigation Conscious Plaintiffs in the context of Occupiers Liability

3) Shopping Malls and Commercial Properties: Recent developments with respect to the many different types of risk at the mall and Commercial Properties - slip and fall both inside and outside, wrongful imprisonment and other potential risks

4) Defending claims relating to Cross Country and Downhill Skiing

5) Defending Claims relating to Parks, Pools, Zoos and Golf Courses

5) Conducting A Discovery in an Occupiers Liability Matter and What Admissions Defence Counsel Should Pursue

6) Defences to An Occupier's Liability Claim from the Case law: It was the plaintiffs fault, contributory negligence,

7) Defence and Indemnity From Third Parties Such as Security, Cleaners and Snow Removers

8) Plaintiff’s Counsel’s Perspective on Making an Occupiers Liability Claim

The purpose of this seminar, hosted by Chair Robert McGlashan of Genest Murray LLP, will be to provide both junior counsel, adjusters and other professionals involved with property damage claims with an introduction to the issues involved in both the defence of property damage claims and the launching of a subrogated claim as well as provide an in-depth analysis of recent developments in this area. This seminar will provide presentations from lawyers with respect to interpreting policies and exclusionary provisions, methods of denying property damage claims and defending property damage claims as well as a discussion of subrogation issues and other professionals involved in adjusting large claims, evaluating loss and providing expert opinions with respect to the cause of property damage claims.



LIST OF TOPICS



I. Policies Dealing with Property Damage Claims and exclusions

II. Methods of Denying Claims and Voiding Policies

III . Business Interruption and Evaluation of Losses

IV. Subrogation Issues

V. Adjusting Large Claims

VI. Expert Evidence and Using Expert Testimony at a Property Damage Trial