Insurance Law Conference 2012

Course Date: September 7, 2012

Welcome and Introduction

Richard B. Lindsay, QC — Lindsay Kenney LLP, Vancouver

Dealing With Primary and Excess Insurers in the “Limits” Case

  • rights and duties of the primary and excess insurers
  • consider the respective disclosure obligations
  • practical problems for counsel and insurers
  • protecting the rights of the insured

Michael G. Thomas — Harper Grey LLP, Vancouver

What Every Lawyer Should Know and Understand About a Homeowner's Policy

  • the scope and intent of the basic coverages
  • policy requirements under the new Insurance Act
  • common and problematic exclusions
  • presenting an effective claim under a policy

Shelley A. Braun — Intact Insurance Company, Vancouver
Heather Sanderson — Intact Insurance Company, Vancouver

Networking Break

Turning the Tables—Using the Plaintiff's Words and Actions to defend the Claim

  • control and use of surveillance
  • use of Internet resources and evidence acquired
  • privacy issues and restrictions
  • prejudice and probative values in practice

Linda P. Stevens — Stevens Virgin, Vancouver

What Defence Lawyers Do Right: What Defence Lawyers Do Wrong

A commentary by an experienced plaintiff’s counsel on the most pervasive perceived “mistakes” of defence counsel in the handling and presentation of a case.

R. Brian Webster QC — Webster & Associates, Richmond

Networking Lunch

Employment Practices Liability Insurance (EPL)

  • unique characteristics of EPL policies
  • what is the trigger to determine coverage
  • differences between EPL, D & O, and CGL policies
  • application of American jurisprudence

Barbara J. Murray — Fasken Martineau DuMoulin LLP, Vancouver

Warranties, Misrepresentation, and Rescission Under the New Insurance Act

  • what has and hasn’t changed
  • void or voidable policies
  • remedies
  • denials and cancellations

John B. Arnesen — Lindsay Kenney LLP, Vancouver

Networking Break

Additional Insureds: Developments and Controversies

  • who is “an additional insured “ and how is coverage obtained
  • what is the test for coverage
  • what is the effect of a “certificate of insurance”
  • what are the remedies for failure to obtain coverage
  • Kinnear v. Canadian Recreational Excellence (Vernon) Corporation (2012 BCCA 291)

Bruno De Vita — Alexander Holburn Beaudin & Laing LLP, Vancouver

Concluding Remarks

Richard B. Lindsay, QC — Lindsay Kenney LLP, Vancouver