Insurance Dispute Lawyers | FMC Law Firm | Property Claims, Products Liability, Business Interruption, Professional Liability, Directors’ and Officers’ Liability

REPRESENTATIVE WORK

	Delf v. Merit Energy et al: Acted for six underwriters in the defence of a prospectus misrepresentation class action claim and multiple individual claims in three provinces brought against the underwriters, directors and officers, and auditors of an energy company that failed shortly after the closing of a $15 Million offering

	Defended municipalities in matters such as: highway non-repair claims alleging road design or maintenance deficiencies, occupiers' liability matters relating to municipal buildings and recreational facilities, injurious communications claims involving defamatory comments or representations made by municipal officials, environmental liability claims arising from municipal sanitary sewage, water or drainage systems, building inspection negligence, public transit liability and other motor vehicle accident claims

	Acted on behalf of several insurers’ on defence of hundreds of accountants, professional liability claims over the past 25 years, including several cases that have gone to trial. Also defended numerous professional liability claims against engineers, surveyors, lawyers, real estate brokers, insurance brokers, and other professionals

	Successfully defended auditors in 2 year trial on claim by shareholder alleging $50 million damages – Waxman v. Waxman and successfully maintained the result on appeal

	Successfully settled at mediation for a nominal payment in a $10 million claim by a provincial government against a pulp and paper company arising out of damages from a forest fire caused by harvesting equipment

	Established important precedent for use of rectification in tax error cases and upheld decision in favour of taxpayer (and their accountant) through to Supreme Court of Canada thereby establishing significant precedent in Canada

	Successfully settled at mediation for nominal payment a claim by the owners of a hydro electric project in Northern Ontario claiming $125 million damages against an engineering company alleging faulty analysis and design for project

	Advised and represented various professionals attending before their professional conduct and discipline tribunals

	Acted on numerous cases on behalf of insurance companies defending claims arising under CGL, E&O, D&O, auto and other types of policies

	Advising and acting on coverage cases for insurers and insureds on numerous complex coverage interpretation situations

	Acted for a large North American insurance company in respect of product liability claims

	Advised clients with regard to insurance issues arising out of motor vehicle litigation involving serious and permanent injuries

	Acted for a large multi-national service company dealing with products liability litigation involving elevators, escalators and commercial alarm equipment

	Represented insurers and insureds in respect of multi-party and class action product liability claims involving primary and excess commercial general liability policies and energy industries general liability policies in respect of occurrences over a number of policy periods

	Acted on cases involving trigger theories, apportionment of responsibility among primary and excess insurers for liability, defence, and third party costs, as well as the relevance of such exclusions as "own work product", "rip and tear" and "professional liability"

	Handling professional liability claims regarding lawyers and their law firms

	Acts on complex disability claims

	Acts on product liability claims, including claims involving alleged defects in skiis and snowboards

	Represents insurers in professional liability litigation involving accountants and advise insurers on first and third party coverage for environmental claims

	Advises clients on insurance issues arising out of complex motor vehicle litigation involving serious injuries including quadriplegia and brain injuries

	Acted for a number of national audit firms in defending allegations of professional negligence

	Acted for LPIC in handling several multimillion dollar claims against lawyers alleged to have breached the professional standards in real estate transactions; each case settled for pennies on the dollar

	Acted for a provider of D&O insurance in respect of unpaid employee wages and benefits in an insolvency

	Acted for CDIC in pursuing the officers and directors of a failed regional bank

	Acted for an accident and sickness insurer in a Supreme Court of Ontario trial arising out of the termination of payments under a group disability policy involving allegations of non-disclosure – 1998 (Kingston)

	Acted for a successful insured and obtained summary judgment in a Supreme Court of Ontario action against a nationally known accident and sickness insurer arising out of the wrongful termination of disability payments under an "own occupation" disability policy – 1997 (Toronto)

	Acted for a nationally known accident and sickness insurer in a Supreme Court of Ontario trial arising out of the termination of disability payments – 1996 (Barrie)

	Acted for a nationally known accident and sickness insurer in a Supreme Court of Ontario trial arising out of the termination of disability payments and the termination of the insured’s employment with the insurer – 1995 (Toronto)

	Acted for an accident and sickness insurer in a Supreme Court of Ontario trial arising out of the termination of disability payments involving allegations of non-disclosure of the part of the insured – 1995 (Toronto)

	Acted for an accident and sickness insurer in a Supreme Court of Ontario trial arising out of the termination of disability benefits and the closure of the insured’s manufacturing plant – 1993 (Hamilton)

	Acted for an automobile insurer in a jury trial in the Supreme Court of Ontario arising out of a multi-vehicle motor vehicle accident in Northern Ontario – 1991 (Toronto)

	Acted for an automobile insurer in a damages hearing in Provincial Court arising out of a motor vehicle accident – 1984 (Orillia)

	Successful conduct of several jury trials including acting for an insurer on a subrogated fire loss claim and defending an insurer in relation to a personal injury claim

	Defence of multiple actions involving pedestrians hit by passing vehicles after darting out from in front of stopped buses

	Successful defence of a motion to bifurcate liability and damages at trial

	Currently acting for an insurer on appeal in relation to new legal issues surrounding the upholding of a settlement