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Expert Witness

We have assisted law firms in Ontario, and other provinces, with support in a variety of insurance areas including:

  • Insurer / Broker disputes
  • Insurance Brokers Standards and Practices
  • Insurance Brokers Errors and Omissions
  • Insurance Policy Analysis and Interpretation
  • Assistance with claims issues

Sample Cases

Coverage Denied; Material Change, Misrepresentation, poor condition of insured property, change in occupancy.

Coverage Denied; Material Change, Misrepresentation, poor condition of insured property, change in occupancy.

  • Coverage placed on large, old dilapidated factory
  • Owner renovating and subdividing
  • Broker didn’t accurately advise insurer of condition and use of property
  • Fire occurred, coverage denied, policy cancelled ab initio.
  • Broker partially liable to owner for cancelled policy and fire loss.

Insurance to Value; Coverage insufficient to rebuild.

Insurance to Value; Coverage insufficient to rebuild.

  • Homeowners policy
  • Owners added rooms to the home, advised broker who failed to increase the amount of insurance.
  • Policy did not have Guaranteed Replacement Cost coverage.
  • Fire occurred.
  • Insurer paid policy limits.
  • Broker liability for coverage shortfall.

Inadequate coverage; Special Limits, homeowners policy, jewellery, collectibles.

Inadequate coverage; Special Limits, homeowners policy, jewellery, collectibles

  • Burglary, significant quantity of valuables stolen
  • Broker had visited property, should have been familiar with unique nature of owner’s property.
  • Policy only provided limited coverage on cash, coin and stamp collections and collectibles.
  • Broker liable to client for inadequate coverage.

Coverage Denied; territorial limitation in policy.

Claim Denied; territorial limitation in policy

  • Policy covered U. S. and Canada only.
  • Client advised broker of operations in other countries.
  • Equipment damaged at foreign site.
  • Broker liable to client for missing coverage.

Coverage Denied; improper transition to different insurer, Claims Made Policies.

Coverage Denied; improper transition to another insurer, Claims Made Policies.

  • Engineering company; professional liability policy.
  • Incident occurred during policy A.
  • Claim made during term of Policy B.
  • Insurer B denied coverage, based on Claims Made policy trigger and retro date same as effective date, i.e. no prior acts coverage.
  • Broker B liable to client for failing to arrange either 1/ Retro Coverage in Policy B or 2/ Extended Reporting Period in Policy A.

No Coverage; Liquor Liability, improper transition from claims-made to occurrence liability policy.

No Coverage; Liquor Liability, improper transition from claims-made to occurrence liability policy

  • Incident occurred during Policy A (claims-made trigger)
  • Claim made during Policy B (occurrence trigger)
  • Same broker during both Policies A and B.
  • Broker liable to client for failing to arrange continuous coverage

Coverage denied, fire; vacancy, construction

Coverage denied, fire; vacancy, construction

Greenhouse operator, under-insurance, business interruption, coinsurance penalty.

Agricultural business; embezzlement, inadequate coverage.

Marine services; coverage denied, alleged late reporting to insurer

Food Processor; contamination, inadequate coverage.

Claim denied; death benefit.

Liability claim, coverage denied, alleged material change, change in occupancy of building

Fire; resort, coinsurance problem, broker information inaccurate, coverage denied.

Auto Policy; SEF 44, inadequate limits of coverage.