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Insurance Defence, Without the Guesswork
Practical, cost-conscious defence of insured claims focused on early assessment, clear strategy, and efficient resolution.
We Defend claims brought against Insurers and the Insured
Insurance Defence is a crucial area within the legal and insurance industries, as it helps to manage risks and protect the interests of policyholders while minimizing losses for insurance companies.
When an insured individual or entity is sued or faces a liability claim, the insurance company often steps in to provide legal representation and cover the costs associated with defending the claim, as long as the claim fails within the coverage of their policy.
We represent and defend the insurance companies’ interests in all levels of court in British Columbia in First Party, Third Party, and Subrogation Claims.
First Party
We defend insurance companies’ where allegations are made of bad faith, insurance coverage is in dispute, breach of contract and improper handling of claims.
Third Party Claims
We defend insureds and self insureds in claims for personal injury, property damage, slip and falls, fires, and product liability.
Subrogation
We represent Insurance Companies who are required to pay a claim due to another party’s negligence.
Key Aspects of Insurance Defence Include
Depending on the matter, we always strive to achieve the best possible outcome for our client whether that means resolving a matter through early settlement, negotiations, mediation, or proceeding to trial. We are fearless advocates and work tirelessly for our clients.
Legal Representation
We offer services to Insurance Companies or Self Insured Commercial Clients to represent claims brought against them or their Insured.
Claim Evaluation
Upon receipt of a matter we assess the merits of the claim and determine the best course of action, whether its fearlessly defending the claim or negotiating an early settlement.
Cost Control
We understand large firms come with higher costs. We focus on streamlining the work by reducing the number of hands touching a file, ensuring costs are within reasonable limits.
Areas of Insurance Defence
Occupiers Liability
Product Liability
Property Damage
Subrogation
Occupiers Liability
Occupier’s Liability relates to the duty of care typically imposed on property owners or occupiers to ensure the safety of their premises.
Common Claims
Slip & Fall Claims
Wet floors, spills, snow or ice, and weather-related surface conditions.
Trip & Fall Hazards
Uneven flooring, raised thresholds, loose mats, cords, or cracked walkways.
Poor Lighting
Alleged inadequate lighting in stairwells, parking garages, hallways, or exterior areas.
Stairs & Handrails
Missing, loose, or allegedly non-compliant handrails and stairway conditions.
Falling Objects
Merchandise, fixtures, ceiling materials, or unsecured items falling onto patrons.
Parking Lots & Exterior Areas
Potholes, ice buildup, pooling water, uneven pavement, or exterior surface defects.
Doors & Entrances
Automatic door malfunctions, heavy doors, entryway hazards, or misplaced mats.
Commercial & Multi-Unit Properties
Claims arising in lobbies, hallways, elevators, or common areas of multi-unit buildings.
Product Liability
Product Liability refers to the legal liability that manufacturers, distributors, suppliers, sellers, and/or installers may have when consumers are harmed by a defective product.
Individuals who buy or use products have a right to expect not to be injured when the product is used as intended. If they are hurt because of a problem with the item, they can pursue a civil claim to recover compensation for their resulting damages.
Product liability laws will govern these types of cases and will determine who should be held accountable and forced to compensate for damages.
Common Claims
Defective Products
Claims involving manufacturing defects that deviate from intended design
Unsafe Product Design
Claims alleging consumer products inherently unsafe as designed
Failure to Warn
Claims involving inadequate instructions or safety warnings associated with a product
Defective Medical Devices
Claims regarding improperly designed or unsafe medical implants, devices, and tools
Unsafe Pharmaceuticals
Claims involving adverse reactions, contamination, or inadequate warnings from drugs or medications
Defective Household Appliances
Claims involving fire, electrical or mechanical injury caused by faulty appliances.
Automotive Defects
Claims regarding malfunctioning or defective vehicle components like brakes and airbags
Industrial Equipment
Claims involving manufacturing or unsafe industrial or commercial equipment
Children’s Products
Claims alleging Children’s toys and products pose safety risks, including choking hazards
Who do we represent?
Typically, we represent insurance companies defending the interests of the manufacturer, distributor, supplier, installer, or retailer in situations where an injury may arise as a result of an alleged defective product.
Property Damage
Property damage occurs when a property is damaged or destroyed and the property loses some of its monetary value and/or loses its functionality as a result of the damage sustained.
A Property Damage claim can involve small items (smart phone, jewellery, or laptop) and large items (your home or vehicle).
Property Damage compensation often includes repairs or replacements plus recovery for secondary financial losses.
Common Claims
Fire Damage
Fire losses
Electrical Failures:
Faulty wiring, power surges, or electrical fire losses
Construction Damage
Damage caused by negligent work of defective materials
Flood & Water Damage
Damage from burst pipes, overland water, or seepage
Structural Damage
Damage to buildings, foundations or retaining walls
Tree or Vegetation Damage
Damage from fallen trees or overgrown vegetation
Subrogation
Subrogation refers to the right your insurance company holds under your policy – after they’ve paid a covered claim – to request reimbursement from the at-fault-party. This reimbursement often comes from the at-fault party’s insurance company.
The process occurs when the insurer pays out an amount of money to their insured for damages resulting from the actions, inactions, or negligence of a third party. The insurance company has the right to pursue the amounts paid out to their insured.
Example of Subrogation
A fire recently started at John’s house causing significant damage.
Susan is housesitting for her friend John who is out of town.
Susan starts cooking grilled cheese but soon after leaves the kitchen because her favourite TV show came on. Susan falls asleep on the couch, but the stove is still on.
She wakes up to smoke and notices a fire in the kitchen. She runs out of the home.
About 70% of John’s home and possessions are damaged from the fire. Susan does not think she should be held liable for the fire.
In the meantime, John’s insurance provider pays to repair the damage. It is his home and he cannot wait months for a legal battle to play out. Susan does not have the money to pay out of pocket either.
The repairs to John’s house start and his insurance company exercises their right to subrogate on his behalf and launches a lawsuit against Susan to recover the money they paid to fix his house.
Susan has her own home and as a result has an insurance policy with liability coverage. In this instance, Susan’s home insurance company pay’s John’s home insurance company for the damage to his home.