Class action and representative action lawsuits are increasingly common in Canadian courts, including in British Columbia. The staggering damage awards such actions create present a risk that insurers should only trust to professionals with experience in this area.
Our professionals have defended a broad range of commercial insureds and senior management in the context of class actions concerning product failures, professional negligence and directors’ and officers’ claims. Since our practice is confined to insurance work we do not act on behalf of class action claimants and thereby avoid the business and legal conflicts that can often arise.
In class action proceedings a reliable opinion on coverage is a necessity. Our professionals have opined on class claims arising from D&O liability and products liability, giving insurers an assessment of the “covered” loss and quantum of damages. We have also acted as the insurer’s counsel in negotiated resolutions of class actions.