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Specialty Lines
Our firm is regularly retained by errors and omissions insurers to defend a wide range of professionals. Historically, we have acted for classes of professionals including architects, engineers, accountants, actuaries, insurance brokers, mortgage brokers, and private health care professionals including dentists and surgical eye care clinics. As the number of occupations requiring E&O coverage expands (as per the 2006 IBC CGL "professional liability exclusion") so does the range of professionals we defend. (a) Architects Even as program insurers change we continue to act for architects in British Columbia. Our experience has included the defence of architects in respect of water ingress claims, delay claims, improper estimates and budgeting, inadequate field reviews, improper certification of draws, monetary and time restrictions on suing and a host of other problems that architects can encounter. (b) Engineers Our firm has acted for a wide range of structural, mechanical, electrical and civil engineers that encounter problems both during and following the completion of construction. This experience has arisen both in the context of the current "leaky condo" problems and in other settings including settlement cases, inadequate soils cases and B.C. Building Code compliance problems. (c) Mortgage Brokers For over a decade we have acted for various broker sponsored programs for mortgage brokers and in that capacity have defended mortgage brokers confronting claims over conflict of interest, "failure to advance" funds, and lack of due diligence on mortgage funding. (d) Health Care Professionals Through various programs maintained by wholesale brokers we have defended a wide range of private sector health professionals including dentists, eye surgery clinics, private IME/X-ray clinics, holistic medical clinics and private care retirement facilities. In addition, we have acted for one of the largest Canadian insurers of the manufacturers of medical appliances that can give rise to patient claims. (e) Insurance Brokers We currently act for several E&O insurers that specialize in E&O coverage for brokers. The fact that our firm confines its practice to insurance law ensures that we have a wide ranging understanding of the insurance issues that so frequently give rise to claims against insurance brokers. We consider this to be a valuable asset in solving broker claims in a timely and cost effective manner.
The increase in litigation against directors and officers in Canada has been dramatic. Our firm is well positioned to respond to any claims made against directors and officers, whether on a coverage or defence basis, as we have for some time taken assignments from most of the leading providers of D&O coverage in Canada. We have defended a wide variety of officers and directors for both public and private companies in cases involving both "duty to defend" and "reimbursement" policies. We have particular expertise in acting as coverage and defence counsel in respect of securities claims. We have also defended matters for "not for profit" organizations and small companies. In the continuing defence of senior management and directors in securities and other claims we have demonstrated expertise in "due diligence" defences, responded to statutory claims brought against directors and officers, and have a track record defending management confronting allegations of negligence and breach of fiduciary duty. With the emergence of EPL policies as a "stand alone" wording we have been consulted by over a half dozen national and foreign-based insurers to develop "made in Canada" EPL wording suitable for the reality of Canadian legal exposures as opposed to comparable developments in Great Britain and Canada. In the "duty to defend" area we have been called upon by EPL insurers to deal with a wide range of discrimination, sexual abuse and wrongful dismissal cases to defend both the insured entity, senior management and employees. We operate "1-800" 24 hour call lines for the benefit of insureds to avoid having employment-related problems result in actual claims. Technology liability insurance is one of the newest products available. Technology insurance liability claims can involve various negligent acts, including "professional" errors and omissions, or trademark, trade name or copyright infringements. Policy protection is designed to protect insureds when their products or services fail to deliver as intended or for unintentional infringement of intellectual property rights. Our firm's commitment to keeping up with all industry trends has resulted in our already having developed expertise in this burgeoning area. Fiduciary liability policies address another evolving area of coverage, providing protection to welfare and pension plans, the sponsor organization, and individuals acting as fiduciaries or administrators of the plans. Coverage is granted for violations of the growing number of responsibilities, obligations, or duties imposed upon fiduciaries by statute and the common law. We are experienced in defending fiduciaries and defending coverage cases where the fiduciaries have breached the terms of the policy. |
