Property Damage
Insurers are often confronted with claims against manufacturers of products that enter the stream of commerce in British Columbia. Our lawyers act for domestic and international insurers and "self insured" product manufacturers. We have extensive experience defending manufacturers of asbestos, recreational equipment, medical and dental equipment and implants. In addition, our firm has undertaken seminars for U.S. insurers to familiarize those U.S. insurers with products liability law in British Columbia.
We have defended a wide variety of construction site participants including general contractors, sub-contractors, material suppliers and related service providers including construction site security firms and semi-professionals.
Our firm has acted for construction site participants not only in the context of the traditional construction matrix, but as well on "design build" projects and owner managed projects. Our firm has been involved in litigation concerning complex contractual disputes and related limitation period issues. We have worked extensively with industry experts and have demonstrated expertise in defending contractors when the issue is the adequacy and timeliness of the work. In addition, we have defended construction suppliers in disputes that entail the use and suitability of "proprietary" techniques or products that may give rise to loss or damage following completion.
Environmental legislation continues to evolve in British Columbia and elsewhere. Our firm has been in the forefront of educating risk managers and claims personnel in the new and onerous duties placed upon insurers and the broadening potential for claims exposure. We have undertaken several industry seminars to address the new legislative framework and to address coverage wordings to limit exposure to the industry and have defended first party claims under the new breed of "cost cap" and pollution liability insurance products.
Municipalities are an easily identified target of personal injury actions but our professionals are experienced at asserting the full range of statutory and common law defences available to such entities. Along with the unique limitation defences available to municipalities, we are also experienced in addressing the specific standard of care issues unique to government actors including the "operational vs. policy" arguments that are often key to a successful defence.
Subrogation litigation is an essential element of insurance claims management. Our team of lawyers is experienced and qualified to pursue recovery from other insured and non-insured entities to the benefit of our clients. Our cost effective approach to subrogation and settlement maximizes the ultimate recovery to our insured clients.