On January 23rd, Ian Gold and Adam Bucci presented on the important casualty cases of 2018 at the 2019 OIAA Claims Conference in Toronto.
Goomansingh v University of Manitoba: Sean Murtha successfully moved to strike the plaintiff’s claim on the basis of a missed limitation period and unreviewable academic discretion.
C.C. v Economical: Tim Crljenica successfully defended a claim for SABS income replacement benefits based on the expiry of the limitation period.
Certas Home and Auto v. Unifund: D’Arcy McGoey successfully defended allegations of lack of notice within 90 days of receipt of OCF-1 in a priority dispute.
Bonello v Gores Landing: Nadine Nasr and Sean Murtha successfully moved for summary judgment, dismissing a third party claim, on the basis that there was no duty of care owed to the plaintiff.
Mame v State Farm: Chris Schnarr successfully defended the insurer in a two week jury trial regarding a claim for accident benefits.
Aviva v. Cozzi & DAS Legal Protection: Tom Donnelly successfully represented an adverse-costs insurer in a coverage dispute.
Situated in Toronto, Thomas Gold Pettingill LLP is one of Canada’s leading insurance law firms. Our lawyers resolve complex insurance-related disputes.
- INSURANCE DEFENCE AND SUBROGATION
- INSURANCE COVERAGE
- MOTOR VEHICLE ACCIDENT BENEFITS
- INSURANCE-RELATED COMMERCIAL LITIGATION
INSURANCE DEFENCE AND SUBROGATION
We are known for our effective, prompt and efficient defence of liability claims.
The defence of insured liability claims requires a special set of skills. Cases must be moved forward to resolution, reporting must be prompt, and the defence must be effective yet efficient. This is why our lawyers are retained by Canadian, American, and European insurers to represent their insureds. We are also retained directly by corporations to defend self-insured claims.
We have defended thousands and thousands of claims, of a wide variety. Some of these claims include:
- Claims against colleges and universities, for injuries, educational malpractice, and professional liability
- Class action defence
- Personal injury claims
- Tavern liability
- Product liability (including automobiles, elevators, escalators, propane tanks, oil tanks, furnaces, heat recovery ventilators, household appliances, sump pumps and industrial equipment)
- Occupiers’ liability
- Professional liability (including nurses, midwives, optometrists, dentists, engineers, architects, lawyers, accountants, insurance brokers and agents, and contractors)
- Faulty construction claims Defamation
- Environmental liability
- Motor vehicle claims
We also regularly act for insurers and insureds in subrogated claims, including fire losses, flood damage, municipal liability issues and oil spills.
We are among Canada’s top insurance coverage lawyers.
Insurance coverage work requires specialized knowledge, analytical skills, persuasive writing, effective litigation, and pragmatism. Our coverage lawyers possess all of these traits, and are known across Canada as leading coverage counsel for policyholders and insurers.
Our services include:
- Providing coverage opinions and claims advice
- Negotiating, mediating, arbitrating, and litigating coverage disputes
- Drafting and revising insurance policy wording
- Handling bad faith claims
We have experience in many types of insurance coverage, including:
- Commercial General Liability
- Directors’ and Officers’ Liability
- Fiduciary Liability
- Employment Practices Liability
- Professional Liability
- Environmental Liability
- Umbrella and Excess Liability
- Homeowners’ Liability
- Commercial Property and Business Interruption
- Automobile Insurance
MOTOR VEHICLE ACCIDENT BENEFITS
We provide clear, concise and practical advice to insurers in accident benefit cases.
Accident benefit claims require organization, attention to detail, and up-to-date knowledge of an ever-changing regulatory regime. Equally important is the ability to provide effective representation that is proportional to the value of the claim. These reasons are why our accident benefits department is one of the largest in the province.
The services we provide include:
- Opinions on entitlement and quantum
- Examinations under oath
- Litigation, mediation, and arbitration of claims
- Priority disputes
- Loss transfer disputes
INSURANCE-RELATED COMMERCIAL LITIGATION
Our knowledge of the insurance industry and law makes us ideal for litigating commercial disputes that involve an insurance component.
We represent and advise insurers, brokers, and managing general agents on a wide variety of commercial litigation issues, including non-competition and non-solicitation covenants, fraud recovery claims, and employment contracts. We have been retained by a number of major North American insurers to pursue medical clinics for fraudulent insurance claims.