CLEBC - Courses On Demand

Insurance Law Conference 2023

Course Date: December 4, 2023

Full Course Materials

Total: 6h 13min

Total Ethics: 1h

Course Introduction and Land Acknowledgement (9:00 – 9:05)

Richard B. Lindsay, KC — Cornish Margolis Boyd, Vancouver
Gregory J. Tucker, KC — Owen Bird Law Corporation, Vancouver

Perils of the Tripartite Relationship (9:05 – 9:50)

we are all familiar with the tripartite relationship of insurer, insured and defence counsel—but can three become a crowd?
who controls the defence when there is a reservation of rights?
how, and to whom, should defence counsel report in these circumstances?
how does the insured's duty to cooperate with the insurer square with its own interest in protecting itself against uncovered claims?
how can insurance defence counsel avoid breaching the duty of undivided loyalty when the interests of the insurer and the insured are not fully aligned?

Gordon G. Hilliker, KC — Barrister & Solicitor, Belcarra

BREAK (9:50 – 9:55)

Fire Investigations 101: Working with a Fire Expert (9:55 – 10:40)

what is an "expert" in fire?
the accepted methodology of fire investigation
avoiding bias in investigations
recent "case law findings" and what it means to your cases

Christopher J. Reed, PEng. — Reed Engineering Consultants Inc., Langley

BREAK (10:40 – 10:50)

Coverage Decisions in BC and Ontario (10:50 – 11:30)

principles of interpretation and cncepts
emerging patterns in large case populations
are we more literalist constructionists than we think?
implications for risk assessment

Professor Erik S. Knutsen — Faculty of Law, Queen's University, Kingston, ON

BREAK (11:30 – 11:35)

Privacy/Cyber Insurance (11:35 – 12:20)

Mercy Iannicello — Dolden Wallace Folick LLP, Vancouver
Nikta Shirazian — Owen Bird Law Corporation, Vancouver

LUNCH (12:20 – 1:00)

Sheltering from NatCats: Coverage for Climate Change Risk (1:00 – 1:45)

Regional weather events, wildfires, extreme heat, and drought continue to hammer traditional forms of property and liability insurance. Hear a quick overview on property coverage issues (pressure on replacement cost coverage to build back better and in a different location); pressures on liability coverage (expanding theories of liability for weather events, whether greenhouse gases are a pollutant, how D&O policies are confronting greenwashing claims and ESG reporting issues)

Heather Sanderson — Sanderson Law, Calgary

BREAK (1:45 – 1:50)

The Top 7 Things Lawyers Should Know about Litigating Against Insurance Companies (1:50 – 2:35)

Sepideh Alimirzaee — McQuarrie LLP, Surrey

BREAK (2:35 – 2:45)

ADR in Insurance Disputes (2:45 – 3:45)

Mary Ellen Boyd — Cornish Margolis Boyd, Vancouver
Dennis C. Quinlan, KC — QA Law, Vancouver

BREAK (3:45 – 3:50)

Business Interruption Update (3:50 – 4:20)

Andrew N. Epstein — Lindsay LLP, Vancouver

Concluding Remarks (4:20 – 4:25)

Richard B. Lindsay, KC — Cornish Margolis Boyd, Vancouver
Gregory J. Tucker, KC — Owen Bird Law Corporation, Vancouver