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Lorne Folick, a founding partner at Dolden Wallace Folick LLP, has a practice dedicated exclusively to insurance defence litigation. Lorne currently acts for many of Canada's largest commercial and personal lines insurers as well as several underwriters at Lloyds of London, the defence of both first and third party claims. Lorne has a wide range of experience and is particularly well-regarded in the fields of liquor liability and is a leader of the firm's complex personal injury team. Lorne's trial and appeal judgments include
- Whether a pub is liable for a patron's later conduct after leaving the pub with a sober driver: Salm v. Coyle, 2004 BCSC 112
- Whether a restaurant is held to the same standard as a bar in anticipating violence by its patrons: Peterson v. Stadnyk, 2003 BCSC 2012
- Whether a pub is liable for a bar fight between two patrons: Ferguson v. Quock, (unreported, October 9, 1997, Prince George Registry, File No. 9232, B.C.S.C.)
- Whether limitation periods are postponed as a result of post-traumatic stress disorder: Taylor v. Paulson, 2005 BCSC 1249
- The Court of Appeal's determination of how to properly calculate income loss: Kask v. Tam (1996), 21 B.C.L.R. (3d) 21 (C.A.)
Lorne has spoken at various insurance seminars on a wide range of insurance issues to brokers, insurers and risk managers. He has wide experience in the use of alternate dispute resolution mechanisms to settle claims, including procedures to "fast track" litigation by mini-trials to achieve early and cost effective resolution of claims.
In terms of community service, Lorne serves on the Board of Crofton House School and also Chairs the school's Nomination and Governance Committee. Lorne was recently appointed to serve on the Board of Directors of Everest Insurance Company of Canada.
LIQUOR LIABILITY
Lorne has been appointed as counsel on behalf of national underwriter programs offered to commercial providers of alcohol. In this capacity, Lorne has spoken to commercial liability and property insurers who underwrite programs for restaurants, hotels, pubs and cabarets. In 2010, Lorne co-authored a textbook in the area entitled "Liquor and Host Liability Law in Canada". In addition, Lorne has defended claims brought by employees against employers who have provided alcohol in the workplace. Lorne has also defeated claims made against individuals who have been sued in the "social host" context in circumstances where the host has served alcohol to guests who have subsequently injured themselves or others.
PROPERTY AND CASUALTY
Lorne's experience includes coverage issues and claims relating to "bad faith". Lorne has provided seminars to claims examiners which address, on a practical level, how to properly "paper" your file and conduct yourself not only to avoid bad faith claims but also to properly defend such claims.
PROFESSIONAL LIABILITY
Lorne has defended all manner of professional liability claims made against mortgage brokers, insurance brokers and naturopaths. The defense of professional liability claims has included claims relating to negligence, conflict of interest and breach of fiduciary duty.
COVERAGE EXPERIENCE
Lorne has provided advice relating to policy wording and exclusions in both the commercial and personal lines of context. Specifically, Lorne has expertise relating to claims of negligent misrepresentation and material misrepresentation in the context of both personal and commercial insurance policies.
FIRE LOSS AND FRAUD
Lorne has defended all manner of first party property claims, including situations in which the insured has exaggerated or willfully overvalued the amount of the claim. In addition, Lorne has handled several large arson defense cases, from investigation to trial or settlement.
SUBROGATION
Lorne recently presented a paper relating to the practical and substantive aspects of subrogation, including bars to subrogation created by the obligation to insure and the operation of "hold harmless" agreements. Lorne has experience in resolving subrogated claims at a very early stage to minimize legal costs and maximize recovery for the subrogating insurer.
RECENT PUBLICATIONS
Practical and Substantive Aspects of Subrogation, Dolden Wallace Folick LLP Publication, 2000.
The Appraisal Remedy - A Practical Guide, Dolden Wallace Folick LLP Publication, 2004
Recent Commercial Liquor Liability Decisions - The Times They are A Changing: Dolden Wallace Folick LLP Firm Newsletter, April 8, 2005.
The "Bad Faith" Doctrine Applied to First Party and Third Party Claims, Dolden Wallace Folick LLP Firm Newsletter, June 2007.
Rule 37B and the Uncertain Future of Formal Offers to Settle: Dolden Wallace Folick LLP Firm Newsletter, October 3, 2008.
"Faulty or Improper Design" Exclusion in Builders All Risk Policy: Dolden Wallace Folick LLP Firm Newsletter, November 26, 2008.
Liquor Liability Risks in Canada, Dolden Wallace Folick LLP Publication, 2009.
Liquor and Host Liability Law in Canada, published by Canada Law Book (December, 2010).
L. P. S. Folick, "Waivers at Work", Canadian Underwriter, (January 2011), 22.
L. P. S. Folick, "Liquor Liability - What You Need to Know to Protect Your Establishment", The Publican, (Spring 2011), 22.
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