OVERVIEW & EXPERTISE

 

When insurance disputes arise, major domestic and foreign insurance companies, insurance brokers and policyholders rely on Blakes to protect their interests. Our multi-jurisdictional Insurance Litigation lawyers are respected for their expertise, industry knowledge and skill, and handle all types of litigation and arbitration related to insurance coverage and recovery claims, including complex, cross-border insurance and reinsurance disputes.

Blakes insurance litigators advise policyholders on indemnification and insurance issues in connection with regulatory and criminal investigations, shareholder and securities litigation, antitrust, pension, and other class actions and regulatory and criminal proceedings. They work with risk managers and leading insurance brokers in the procurement or renewal of significant liability insurance programs and perform independent program reviews regarding the comprehensiveness and appropriateness of coverage and recommended enhancements. Our insurance litigators have extensive experience in the organization and conduct of forensic and fraud investigations frequently working with major forensic accounting firms in the preparation of fidelity, crime and other insurance claims.

Insurance companies and insurance associations also retain Blakes to represent them in hearings before regulatory bodies, administrative tribunals and government commissions on matters affecting their day-to-day business operations. They frequently seek our advice on corporate governance concerns, coverage interpretation, risk management, issues arising out of sales and distribution practices, insurance product performance issues and claims for indemnity under share purchase or asset purchase agreements involving life and property and casualty insurance operations.

Across Canada, Blakes insurance litigators have extensive trial and appellate experience in a wide variety of proceedings and at all levels of provincial and federal courts. Our many successes include representation of insurance associations before the courts in the leading Canadian cases on automobile insurance rating programs and punitive damages. Our litigators routinely prosecute and defend specialized insurance claims and coverage disputes under directors and officers’ liability, fiduciary liability, all risk property, boiler and machinery, crime, commercial general liability, Builders' Risk and professional errors and omissions policies, and financial institution bonds. Our insurance litigators handle significant subrogation, business interruption, environmental, credit and health insurance, financial services and products, aviation and energy claims, professional negligence, regulatory matters, and claims related to insurance intermediaries.


Representative Matters

  • Counsel to a consortium of international underwriters in a major international arbitration conducted in London, England, and Calgary, Alberta, involving exposure of C$800-million.
  • Counsel for a policyholder in a successful arbitration of coverage issues under a Builders' Risk insurance policy following the destruction by fire of a major new townhouse development during the course of construction.
  • Counsel to a group of major international insurers involving compressor failures with exposure exceeding C$100-million.
  • Counsel for an umbrella liability insurer in an arbitration with a primary carrier and policyholder to resolve responsibility for defence costs and indemnity paid to settle major multi-party construction and product liability litigation.
  • Defence counsel in a national class action involving claims for excess management fees charged to and the performance of certain segregated funds of a life insurance company.
  • Lead coverage counsel on the failure of a dam involving complex geotechnical and coverage issues.
  • Counsel to U.S. bankruptcy lawyers for a policyholder concerning interpretation of Canadian CGL policies and obligations to respond to long-tail asbestos liability claims.
  • Counsel to a foreign administrator of a policyholder in worldwide insolvency proceedings concerning interpretation and prioritization of proceeds under global directors and officers liability insurance program.
  • Counsel on a coverage dispute involving power generation facilities with claims exceeding C$400-million.
  • Subrogation counsel on a mining loss with exposure over C$300-million.
 

 INDUSTRY RECOGNITION

 

​Blakes Insurance Litigation lawyers have been recognized as leaders in their field in the current edition of Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys.

 

 PEOPLE

 
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Associate | Calgary
Calgary: 403-260-9601
Areas of Expertise: Insurance Litigation, Energy Litigation, Insurance, Litigation & Dispute Resolution, Corporate Litigation, Litigation & Dispute Resolution, Product Liability
Senior Counsel | Calgary
Calgary: 403-260-9650
Areas of Expertise: Insurance Litigation, Construction Dispute Resolution, Arbitration, Product Liability, Insurance, Reinsurance
Partner | Calgary
Calgary: 403-260-9786
Areas of Expertise: Business Crimes, Investigations & Compliance, Constitutional & Charter of Rights, Insurance, Oil & Gas, Insurance Litigation, Enterprise Risk & Crisis Response
Associate | Calgary
Calgary: 403-260-9785
Areas of Expertise: Insurance Litigation, Securities Litigation, Business Crimes, Investigations & Compliance, Litigation & Dispute Resolution
Senior Counsel | Toronto
Toronto: 416-863-2693
Areas of Expertise: Mergers & Acquisitions, Financial Services, Corporate & Commercial, Banking, Insurance Litigation, Insurance, Reinsurance, Automotive
Partner | Toronto
Toronto: 416-863-5831
Areas of Expertise: Corporate & Commercial, Insurance, Financial Services Regulatory, Mergers & Acquisitions, Banking, Insurance Litigation, Consumer/Retail Financial Services, Reinsurance, Payment Cards & Technologies, Fintech, Credit Unions
Partner | Calgary
Calgary: 403-260-9632
Areas of Expertise: Class Actions, Corporate Litigation, Energy Litigation, Insurance Litigation, IP Litigation, Franchising, Insurance, Oil & Gas
Partner | Montréal
Montréal: 514-982-5089
Areas of Expertise: Class Actions, Corporate Litigation, Construction Dispute Resolution, Product Liability, Procurement, Public-Private Partnerships, Food, Beverage & Agribusiness, Competition Litigation, Securities Litigation, Insurance Litigation, Media & Defamation, Insurance
Associate | Calgary
Calgary: 403-260-9652
Areas of Expertise: Litigation & Dispute Resolution, Insurance, Insurance Litigation
Associate | Toronto
Toronto: 416-863-2705
Areas of Expertise: Corporate Litigation, Securities Litigation, Business Crimes, Investigations & Compliance, Insurance Litigation, Class Actions
Partner | Calgary
Calgary: 403-260-9753
Areas of Expertise: Class Actions, Oil & Gas, Insurance Litigation, Litigation & Dispute Resolution, Product Liability, Securities Litigation
Law Clerk | Vancouver
Vancouver: 604-631-4252
Areas of Expertise: E-Discovery & Document Management, Corporate Litigation, Class Actions, Securities Litigation, Insurance Litigation
Associate | Calgary
Calgary: 403-260-9685
Areas of Expertise: Litigation & Dispute Resolution, Construction Dispute Resolution, Corporate Litigation, Arbitration, Insurance Litigation, E-Discovery & Document Management
Associate | Montréal
Montréal: 514-982-4103
Areas of Expertise: Class Actions, Insurance Litigation, Product Liability, Business Crimes, Investigations & Compliance, Environmental
Partner | Calgary
Calgary: 403-260-9722
Areas of Expertise: Class Actions, Corporate Litigation, Securities Litigation, Construction Dispute Resolution, Insurance Litigation, Energy, Environmental, Construction, Insurance, Oil & Gas, Arbitration, Product Liability, Shareholder Activism
Associate | Calgary
Calgary: 403-260-9734
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Construction Dispute Resolution, Insurance Litigation, Arbitration
Associate | Calgary
Calgary: 403-260-9788
Areas of Expertise: Corporate Litigation, Insurance Litigation, Securities Litigation
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