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McLennan Ross Home  > Expertise  > Insurance & Risk Management  > Transactions & Cases

TRANSACTIONS & CASES

Representative examples of McLennan Ross insurance and risk management matters include:

Auto

  • Reviewing issues and providing opinions with regard to rental cars
  • Assisting clients with interpretation and application of Alberta’s “cap” on general damages or minor injury regulation
  • Defending an insured driver who suffered an epileptic seizure, using the defence of inevitable accident
  • Defending insured employers with regard to consent issues and their vehicles involved in injury accidents
  • Providing coverage opinions pertaining to issues related to material change in the risk on automobile policies
  • Providing coverage opinions pertaining to material misrepresentation and non-disclosure on an automobile policy application
  • Providing opinions in relation to coverage issues, liability issues and damages for losses arising out of commercial general liability, professional liability, property and motor vehicle policies

Coverage

  • Defending a group benefits provider with respect to a claim related to critical illness coverage
  • Defending a life insurance agent with respect to a claim related to negligence in failing to bind coverage promptly
  • Defending SEF 44 claims on behalf of insurers
  • Provided a coverage opinion with respect to whether the return of ill-gotten gains constitutes "loss"
  • Providing a coverage opinion concerning whether a claim for breach of contract constitutes "loss"
  • Providing a coverage opinion to a major Alberta company concerning potential professional services liability
  • Providing coverage opinions with regard to interpretation of commercial general liability policies
  • Providing a coverage opinion with respect to a fiduciary liability policy concerning whether a potential claim under an indemnity agreement would trigger coverage under the fiduciary liability policy
  • Providing a coverage opinion with respect to a fiduciary liability policy with respect to whether indemnification arrangements under trust agreements relating to various pension plans triggered coverage
  • Providing a coverage opinion with respect to whether losses suffered in relation to foreign exchange trading are covered by a fidelity policy
  • Providing a fiduciary liability coverage opinion concerning the duty to defend the trustees of a pension plan under a fiduciary liability policy
  • Providing a coverage opinion with regard to tenant’s improvements under a commercial general liability policy
  • Providing advice to the owners of a major Alberta oil refinery with respect to losses sustained at the refinery due to a fire loss including the participation of insurers at various layers of coverage
  • Providing advice with respect to the applicability of a disability policy to a professional hockey player who became injured
  • Providing an opinion with respect to the insurance requirements of Safety Codes Officers
  • Providing comprehensive coverage opinions with respect to social host and commercial host liability
  • Providing coverage opinions on the "professional services" exclusion in Commercial General Liability Policies
  • Providing coverage opinions on the "Your Work," "Your Work Product" exclusions and the Completed Operations Hazard in a Commercial General Liability Policy
  • Providing opinions on the validity and propriety of settlements reached between insurance adjusters and claimants
  • Representing a major engineering firm in an effort to obtain coverage with respect to settlement of a housing development due to unstable earthworks
  • Providing a coverage opinion concerning the existence of directors and officers liability coverage in respect to a claim made against certain directors and officers of various oil and gas companies
  • Providing a coverage opinion regarding material misrepresentation on an application for directors and officers insurance and thereafter, acting as monitoring counsel to ensure that the directors and officers were properly defended

General and Professional Liability

  • Defending the occupant of a commercial bay with respect to claims of negligence and nuisance relative to a fire loss and smoke damage in adjoining premises
  • Acting as a referee under the Insurance Act with respect to a property loss dispute
  • Acting for an insurer providing recall insurance with respect to the recall of several industrial heaters used internationally in the oil and gas industry
  • Defending a life insurance agent with respect to a claim of negligence with respect to misrepresentation over benefits under the policy
  • Defending a major Alberta drilling company with respect to claims of professional negligence in relation to the collapse of a drilling rig
  • Defending a medical negligence case and obtaining a final order striking out a claim for loss of future net earnings to the estate of a deceased patient in the Northwest Territories, thus removing the "Duncan v. Baddeley" head of damage in the north
  • Defending a professional liability claim against an oilfield engineering firm with respect to oilfield engineering practices
  • Defending an Alberta oilfield engineering firm with respect to a claim of negligence in relation to engineering services performed in relation to a gas field in northern Alberta
  • Defending an oilfield contractor with respect to damage suffered to an oil rig due to alleged negligence
  • Defending financial planners with respect to allegations of negligence in relation to investments recommended, leveraging in order to purchase securities and general negligence in the advice provided to investors
  • Defending financial planners with respect to allegations of unauthorized trading
  • Defending insureds in claims involving property damage, economic loss and personal injury
  • Defending insureds, both individual and corporate, with regard to slips and falls
  • Defending numerous claims concerning occupiers' liability cases where the incident occurs, for example, in shopping malls, grocery stores, parking lots, sidewalks, drinking establishments, ski hills and private residences
  • Defending the designer and manufacturer of super span arches/culverts in relation to a multi-million dollar claim arising from the collapse of a culvert in northern British Columbia on the Alaska Highway
  • Defending the directors of a major Canadian airline in a potential claim by employees for holiday pay and vacation pay
  • Defending the manufacturer of refrigerated trailer units with respect to a claim for product liability
  • Defending the owners of a lake resort with respect to a quadriplegia claim arising from unsafe diving off a dock
  • Prosecuting a claim on behalf of a local contractor against its CGL insurer relative to a claim made as a result of damages sustained in the construction of the 2002 Salt Lake City speed skating oval
  • Prosecuting a professional liability claim against a surveyor in a residential housing development
  • Prosecuting a professional liability claim against an engineer with respect to a residential housing development
  • Assisting with settlement and management of class action insurance litigation
  • Providing advice to a Medical Association concerning the availability of directors and officers coverage in certain circumstances
  • Seeking a declaration on behalf of a directors and officers liability insurer to confirm that the directors and officers liability policy was void ab initio as against those directors and officers

Property & Casualty

  • Defending a general contractor in relation to a piling rig that tipped over
  • Advancing claims for short and long-term disability on behalf of disabled individuals
  • Assisting a home insurer in providing coverage advice and subsequently a defence under a non-waiver in the context of a large construction site fire loss arising from an adjacent bush party attended by the homeowner's son
  • Conducting jury trial applications for Plaintiffs and Defendants, including conducting jury trials for Plaintiffs and Defendants
  • Defending a backhoe operator who ruptured a gas line, causing a home to explode
  • Defending a contractor who supplied and installed the exterior skin on a large condominium building in a construction claim with respect to alleged leaking in the condominium complex
  • Defending a fire loss claim brought against an insurer with respect to a private residence
  • Defending a mechanical contractor with respect to claims of negligence in relation to the design and construction of the mechanical system for an equestrian riding arena
  • Defending an insurer against a first party claim for the alleged theft of jewelry in a restaurant
  • Defending homeowners, with respect to a shotgun accident that occurred in the home, under the direction of the homeowners' insurance company
  • Defending an insurer in relation to a first party fire loss claim in a hay processing facility
  • Prosecuting a multi-million dollar fire loss at a sawmill against insured parties
  • Prosecuting and defending fatality claims, including acting as defence counsel in two trials, at the Court of Appeal and in the Supreme Court of Canada leave application in Duncan v. Baddeley with respect to the availability of a claim for an estate for loss of future earning capacity
  • Defending a corporation in relation to a fatality inquiry – involving the death of an individual in his home
  • Providing a coverage opinion to a local construction company concerning the duty to defend under a commercial general liability policy
  • Providing a coverage opinion to a major construction company concerning a securities action brought against that company Providing a coverage opinion with respect to the availability of homeowners' insurance coverage where a guest in the home fell from a balcony and suffered quadriplegia
  • Providing a coverage opinion with respect to whether a domestic assault was covered by a homeowner's policy
  • Providing advice and prosecuting a claim for pollution coverage due to leaking underground storage tanks at a service station
  • Providing an opinion to a major Alberta municipality with respect to participation requirements in a long-term disability plan
  • Providing coverage opinions pertaining to material change in the risk on homeowners' policies



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