Mikel Pearce

Mikel Pearce

Mikel Pearce has spent his entire career either working for or servicing clients in the insurance industry. After spending several years as Claims Counsel for a major Toronto specialty lines insurer, he returned to private practice and has been practicing exclusively insurance defence litigation ever since. He has appeared at all levels of Court in Ontario and has excellent trial experience.

Mikel’s practice areas include:

Professional liability defence and coverage:

  • The defence of a wide range of professionals from architects/engineers to insurance brokers, financial planners, home inspectors, paralegals and mortgage brokers
  • Audited an excess E&O program insuring lawyers nationally in Canada on behalf of underwriters
  • Editing and amending E & O policy wordings for underwriters
  • Coverage work on “claims made and reported” E & O policies

Directors and officers liability defence and coverage:

  • Coverage work on both reimbursement and “duty to defend” D & O policies
  • Defence work on for profit and non-profit D & O forms that provide entity coverage
  • Adapted policies for use in Canada

Employment practice liability defence and coverage:

  • Monitoring and coverage counsel on an EPL insurance program in Canada
  • Defended entities and management on “duty to defend” EPL forms for a range of EPL violations
  • Maintain regional 1-800 call service for EPL insurers and their insureds

Cyber liability and coverage

  • Act as coverage counsel for underwriters on a variety of cyber claims
  • Defended insureds with regard to cyber and privacy claims

General liability policies and coverage:

  • Defended a wide range of insureds on general liability policies
  • Provided coverage advice to a variety of insurer for disputed claims

Property policies

  • Coverage work for disputed property claims
  • Experience handling subrogated claims
  • Defended a range of property losses where fraud is an element

Liquor Liability defence

  • Investigated and defended a variety of commercial host liability cases, along with a number of social host liability matters

Fire Loss and Fraud defence

  • Defended a variety of first party property claims, including claims where the insured has engaged in willful exaggeration of the claim, including a number of arson defence cases
  • Provided coverage advice to a variety of insurers with regard to contentious fire losses

 

 

Reported Decisions

CIA Inspection Inc. v. Dan Lawrie Insurance Brokers2011 CarswellOnt 12449; 2011

ONCA 706 (Ont. C.A.), 75 C.C.L.T. (3d) 211, 87 C.C.L.I. (4th) 159 (Ont. S.C.J.)

1562860 Ontario Ltd. v. Insurance Portfolio Inc., (2009), 73 C.C.L.I. (4th) 292, 94 O.R.

(2d) 785 (S.C.J.), reversed in part 2011 CarswellOnt 1315, 2011 ONCA 180, [2011]

I.L.R. I-5120, 97 C.C.L.I. (4th) 188 (C.A.)

Crane v. Canadian National Railway, 2007 CarswellOnt 5736, 86 O.R. (3d) 749 (S.C.J.)

Munshaw v. Economical Mutual Insurance Co., 2007 CarswellOnt 936, 45 M.V.R. (5th)

111; 48 C.C.L.I. (4th) 43, 84 O.R. (3d) 785 (S.C.J.)

Sagl v. Cosburn, Griffiths & Brandham Insurance Brokers Ltd., 2007 CarswellOnt 5523,

[2007] I.L.R. I-4634, 54 C.C.L.I. (4th) 236 (Ont. S.C.J.)

Mikel Pearce's practice areas include:

 

Professional Liability

Directors and Officers Liability

Employment Practice Liability

Cyber Liability

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