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. They handle all types of litigation and arbitration related to insurance coverage and recovery claims, including complex, cross-border insurance and reinsurance disputes. A significant part of our practice is also to provide coverage advice that allows disputes to be avoided.

Blakes insurance litigators advise policyholders about indemnification and insurance issues in connection with a wide array of matters, including those related to regulatory and criminal investigations, shareholder and securities litigation, energy, construction, 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 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 about 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. We have successfully represented insurance associations before the courts in the leading Canadian cases on automobile insurance-rating programs and in defending legislative initiatives aimed at reducing automobile insurance costs. Our litigators routinely prosecute and defend specialized insurance claims and coverage disputes related to 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.

In addition, our insurance litigators represent insurance companies and reinsurers in treaty disputes.

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 involving the oil sands.
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 under construction.
A group of 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.
Lead coverage counsel in a claim involving the failure of a dam involving complex geotechnical and coverage issues.
U.S. bankruptcy lawyers for a policyholder concerning interpretation of Canadian commercial general liability 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 in a coverage dispute involving power generation facilities with claims exceeding C$400-million.
Subrogation counsel for a mining loss with exposure over C$300-million.
A national P&C industry association in defending the jurisdiction of a provincial tribunal to adjudicate no fault benefits.

Awards & Recognition

Blakes Insurance Litigation lawyers have been recognized as leaders in their field in the current editions of the following publications:

Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys
Chambers Canada: Leading Lawyers for Business (Insurance: Dispute Resolution)
The Canadian Legal Lexpert Directory (Litigation – Commercial Insurance)
Who's Who Legal: Insurance & Reinsurance