Insurance

Insurance defence demands a strong legal team with bench strength. One that can work with clients proactively to assess risk, mitigate it where possible, and mount a vigorous legal defence when necessary. Fraser Milner Casgrain LLP (FMC) has one of the most experienced insurance groups in Canada. Our Insurance/Risk Management Group helps clients develop sound policies on the coverage side and strong defence on the litigation side. We thrive on solving complex problems where we can use our specialized arbitration and mediation skills in general liability and property and automobile claims, products liability, business interruption, professional liability, directors’ and officers’ liability, life and health insurance, environmental risk and other areas of insurance law. We have argued cases at all court levels, including the Supreme Court of Canada.

Our clients range from large insurance companies to companies in industries where FMC has particular strength, including energy, aviation, and natural resources. They expect early and efficient analysis of liability and damage issues, together with clear recommendations on possible methods of resolution. We do not stop there: we also provide ongoing risk analysis with advice on setting and adjusting reserves.

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Representative Work
Delf v. Merit Energy et al., 2001 CanLII 138 (ABCA): acted for six underwriters including RBC Dominion Securities and BMO Nesbitt Burns 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
Acted as counsel for the successful insurer in a case before the Supreme Court of British Columbia and the British Columbia Court of Appeal concerning the right of appeal from the decision of an arbitrator
Counsel to a multinational insured in a coverage dispute involving a catastrophic property damage claim
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 a two-year trial on a claim by a shareholder alleging $50 million damages – Waxman v. Waxman and successfully maintained the result on appeal
Did you know?
The Best Lawyers in Canada 2012 ranks Derek Lloyd, Q.C., Jim Rose, Q.C.Gerry Scott, Q.C. and David Wachowich, Q.C. among Canada's leading insurance lawyers.
FMC’s Shelley Miller, QC, has been listed by Legal Media Groups’ Expert Guide to the World’s Leading Insurance and Reinsurance Lawyers, 2009.
The Canadian Legal LEXPERT Directory 2011 ranks Kevin Feehan Q.C., James Rose Q.C., Gerald Scott Q.C. and David Wachowich Q.C. as leading lawyers in the area of commercial insurance litigation.
Key Contacts