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Insurance Disputes & Litigation

Dealing with lawsuits and insurance claims was not likely part of your vision. Fortunately, it's at the heart of ours. Litigation doesn't need to be acrimonious. Sometimes policies and contracts are genuinely ambiguous.

Whether disputing a contractual matter, an insurance matter, or both, risklegal can tailor a dispute resolution strategy that is proactive, realistic, and cost effective.

Insurance claims tend to benefit from several important steps before litigation is commenced; risklegal can step in behind the scenes to facilitate that or directly negotiate on your behalf. Having a lawyer handle this can give you peace of mind that your broader legal interests (privilege, limitation periods) are not overlooked.

If an insurer sends a reservation of rights, outright denial, or ignores you, risklegal can get their attention.

Supreme Court of Canada

  • Duty to defend coverage litigation

  • Indemnification coverage litigation 

  • Breach of contract litigation

  • Ghostwriting

  • Additional Insured coverage

  • Crisis response/natural disaster strategy

  • Broker negligence claims

  • Subrogation supervision

  • Coverage opinions

  • Legal strategy to maximize insurance participation

Scenarios

You rent a space and are required to pay the owner to place insurance for you. A loss occurs and discover the owner failed to place insurance. Trust risklegal to pursue your recovery using your contract and common law principles.

Your lessee's activities cause you to be brought into a lawsuit. Trust risklegal to ensure your subcontractor's insurance funds your legal fees.

A construction project experiences an insurable loss that could implicate multiple policies. Trust risklegal to coordinate those policies based on coverage strengths, whether litigation is likely, deductibles, and the big picture priorities.

After insurance pays your claim, the insurer pursues subrogation (by suing from your position). This causes you to be third partied into the claim. Trust risklegal to supervise an insurer's subrogation activities and enforce any defences to that claim. 

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