The Canadian Institute's 10th Annual Forum on
EFFECTIVELY MANAGING
INSURANCE CLAIMS and LITIGATION
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Minimize the Reach of Long-Tail Claims

Graham Walker
Partner
Borden Ladner Gervais LLP (Vancouver)

The retroactive nature of long-tail insurance claims elevates the importance of occurrence-based CGL policies. Learn how to respond to claims for recently surfacing claims for past employee misconduct, environmental damage or product liability damages.

• Understand the responsibility for recreating lost policies
• Learn how to allocate resources and reserves
• Discover managing communication and responsibilities when juggling multiple insurers
• Learn the process for effectively managing environmental cleanup and asbestos claims

Clearing Up Exclusion Confusion in Construction Policies

Jennifer Faircloth
Partner
Borden Ladner Gervais LLP (Calgary)

Underwriters have introduced policy wording in CGL contracts to remove liability for ‘business risks’. Numerous coverage disputes have spawned judicial interpretation and consequent policy wording changes. Hear from specialists on the current state of policy interpretation necessary to obtain coverage or respond to claims, and avoid incurring liability for uninsurable business risks.
Business risk exclusions:

• Understand the meaning of contractual liability in the insurance context and how it transfers risk
• Be able to apply the “Broad form property damage” clause in interpreting your policies
• Comprehend when to exclude an insured’s own work and own product from coverage
• Be able to correctly assess “Impaired property” exclusions
• Learn when to apply indemnity hold harmless clauses
• When will “sistership” clauses exclude business risks

Clarify the Essential Issues of Timing of Loss and Allocation of Costs: Case Study of GE v Aviva

The recent court decision in GE v Aviva stimulates spirited debate pertaining to when a loss occurs which triggers policy coverage and how to determine the allocation of costs among insurers. An expert panel will debate the application and future of this case.

J.Stephen Cavanagh
Partner
Cavanagh Williams Conway Baxter LLP

David Mackenzie
Blaney McMurtry LLP

How Should Coverage Apply to Additional Insured? Make Sense of the Chaos

William G. Scott
Partner
McCarthy Tétrault LLP

Maurice Audet
Senior Vice President
AON Reed Stenhouse Inc.

Over the last five years, a proliferation of versions of nonstandard endorsements by insurers adding additional insured to liability insurance policies have appeared creating serious confusion for all parties involved. In this session, learn how to correctly learn and apply these critical endorsements.

• To grant or not to grant coverage for additional insured in a commercial general liability (CGL) policy
• Reviewing specific versions of additional insured clauses and understand the scope of coverage
• Understand how “Other insurance” clauses are interpreted by the courts to apply in your policies
• Clarifying the application of exclusion clauses for professionals and separate corporations/partnerships/ joint

3:45 New Consumer Product Liability And Recalls Act. What Policy Coverage Will it Trigger and When?

Gary Luftspring
Partner
Ricketts Harris LLP

Product recalls will soon impact on the risk analysis for assessing the scope, nature and extent of losses and the applicability of insurance policies for businesses manufacturing, importing, advertizing and retailing consumer products. In this session, gain an understanding of these impending changes to help you avoid potential risk exposure or costly class action litigation.

Successfully Manage the Allocation of Costs Between Insurers: Applying the Hanis Case

Michael Teitelbaum
Partner
Hughes Amys LLP

The duty to defend requires the insurer to resolve claims in light of Hanis. Learn the applicability of recent caselaw on the allocation of defense obligations between insurers including:

• resolving claims with some covered and non-covered causes of action
• resolving claims with some years of an insured policy and some not
• addressing joint/several liability issues.

Mr. Teitelbaum will apply real-life situations to explain these critical issues.

Best Practices for Effective Claim Management: Improving Connectivity Among Key Insurance Players

Paul McCague
Partner
McCague Peacock Borlack McInnis LLP

Scott Francis
Senior Vice President National Claims
Advocacy Leader
Aon Reed Stenhouse

Experience an expert panel demonstrating the effective management of claims from start to finish- a process integral to resolving issues cost-effectively and quickly. By applying a fact situation, the panel will clarify the respective roles of the professionals engaged in the claims process- from best practices in brokering the policy, the role and requirements of underwriters, to tactical and strategic considerations of claims managers in resolving claims. You will learn the information necessary required in each stage for effective management of the matter, and the best lines of communication and information.

Engage in a lively question and answer with the panel to test your knowledge.

Demystifying and Preparing for the Trial Process in an Increasingly Litigious Environment

Jamieson Halfnight
Partner
Halfnight & McKinley Professional Corporation

Hear from an expert litigator about the trial process. Understand timelines and documentation required at each stage of the process from a litigator perspective to better prepare for and minimize the costs of litigation. Understand the obligations of participating at each stage of the process.

• Understand limitation periods and when they start
• Develop more knowledge of the file process
• Learn how to prepare for e-discovery and pre-trials, and discover the rules pertaining to mandatory attendance at pre-trials
• Develop an effective process for participating in ADR
• Apply this knowledge of the trial process to control costs

Reduce Liability Exposure by Being Prepared for Class Action Suits

Steve Stieber
Partner
Stieber Berlach LLP

Class action lawsuits are increasingly occurring as the public seeks compensation for wrongs done by large corporation and private entities. As insurers, learn the best strategies, practices and how the system really works. Be prepared should it happen to you.

• Understanding the process of certification and impending changes given the Quiznos case
• How should the risk of class action suits impact reserves?
• What is the impact of foreign class action suits on Canadian policies?
• Learning key strategies to effectively prepare for a class action suit

A Crash Course on The Current State of Automobile Insurance in Ontario

Kadey Schultz
Partner
Hughes Amys LLP

• Learn the changes of September 1, 2010 to SABS and the impact on claim management
• Understand the impact on ‘catastrophic impairment’
• Develop up-to-date knowledge on the issue of future care costs and discount rates