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Insurance Litigation

Insurance Litigation
Insurance Litigation

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.

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Recent Experience
  • A consortium of international underwriters in a major international arbitration conducted in London, England, and Calgary, Alberta, involving exposure of C$800-million.

  • 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.

  • A group of major international insurers involving compressor failures with exposure exceeding C$100-million.

  • 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.

  • U.S. bankruptcy lawyers for a policyholder concerning interpretation of Canadian CGL policies and obligations to respond to long-tail asbestos liability claims.

  • 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.

Awards & 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.