Lexis Nexis Canadian Insurance Defence
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Product description
Canadian Insurance Defence is an everyday resource that will quickly answer practical questions about the practice of insurance law and personal injury claims. It covers all aspects of insurance defence that a practicing lawyer may come across, from ‘A’ffidavits to ‘Z’ealous Advocacy and everything in between. The book takes readers through the step-by-step process of defending an insurance matter, starting from the common claims to which an insurance defence practitioner may be asked to respond, through to costs and appeals.
Chapters on determining liability, types of damages, procedural issues to consider, and coverage, along with thousands of cases from across Canada and the United States, ensures that Canadian Insurance Defence is an indispensable reference. As the only text addressing insurance defence in Canada, it contains articles written by leading personal injury and insurance defence practitioners.
More than 30 types of claims are covered, with each topic containing a recitation of the leading case laws to provide a broad overview of the law. Some sections include tactical considerations for properly prosecuting or defending an action.
This new publication also features helpful appendices relating to personal injury actions. It includes an extensive list of standard undertakings in a personal injury action, as well as a template of examination for discovery, consisting of more than 350 generic questions that may be tailored to suit most personal injury actions.
Topics Covered
- Types of Claims
- Alcohol, Animal, Asbestos, Assault, Birth, Brokerage, Conspiracy, Corporate Owner, CICB, Crown/Municipal Liability, Defamation, Elevator/Escalator, Employer, Environmental, Human Rights, Ladder, Lawyers’ Negligence, Medical Malpractice, Motor Vehicle, Nursing Home, Occupiers’ Liability, Playground and Day Care, Privacy, Product Liability, Revenge Porn, Sexual Assault, Slip and Fall, Tarion, Tort Claims within Marriage, Travel and Recreation, WSIB
- Liability
- Joint and Several Liability, Divisibility of Damages, Mary Carter & Pierringer Agreements, Vicarious Liability
- Defences
- Absence of Negligence, Collateral Benefits Deductions, Bankruptcy, The Doctrine of Ex Turpi Causa Non Oritur Actio, Mitigation, Protected Defendants, Threshold and Deductible, Waivers and Releases, Contributory Negligence
- Damages
- Loss of Income/Interdependent Relationships/Chance, Future Cost of Care, Housekeeping, Home Modification, Family Law Act Claims, Management Fees, Charter, Pre Judgment Interest, Structured Settlements, Discount Rate, Punitive/Aggravated/Exemplary, Insurers Failure to Settle Within Policy Limits
- Procedural Issues
- Limitation Periods, Res Judicata, Collateral Attack, Jurisdictional and Capacity Issues, Privilege, Contempt, Conflicts of Interest
- Coverage
- Agency, Coverage Denial, Duty to Defend and Indemnify, Implied Consent to Possess Vehicle, Relief from Forfeiture, Nullification of Coverage, Bad Faith, Intentional and Criminal Acts, Insurable Interest, Interpretation of Insurance Contracts, Subrogation, Reinsurance
- Drafting
- Statements of Claim and Defence, Mediation Memoranda, Pre-trials, Motions
- Examinations
- Discovery, Out of Court, Trial, under Oath under the Statutory Accident Benefits Schedule
- Costs
- Partial Indemnity and Substantial Indemnity, Consequences, Assessment, Motions, Procedures, Sanderson and Bullock Orders, Unusual Awards, Security
- Appeals
- Writing the Appeal, Civil Appellate Routes in Ontario, Intervenor Status
Who Should Read This Book
- Civil Litigators – for any insurance litigation claim
- Insurance Law and Personal Injury Practitioners, including Plaintiff and Defence Lawyers – for research in the course of representing clients
- Members of the Insurance Industry, including Adjustors and Claim Examiners – for guidance on the insurance defence law principles before paying for a legal opinion
- In-House Counsel – for companies dealing with insurance contracts
- Judges – for reference and as a concise practical guide when drafting judgments
- Law Associations and Libraries – for patrons who require guidance on insurance defence law
- Law Schools and Students – to learn about the general principles of insurance defence law
Contributing Authors
Tracey Hamilton
Modupe Egunjobi
Allison Presse
Max Ebrahim
Akari Sano
Table of contents
CHAPTER 1: TYPES OF CLAIMS
CHAPTER 2: LIABILITY
CHAPTER 3: DEFENCES
CHAPTER 4: DAMAGES
CHAPTER 5: PROCEDURAL ISSUES
CHAPTER 6: COVERAGE
CHAPTER 7: DRAFTING
CHAPTER 8: EXAMINATIONS
CHAPTER 9: COSTS
CHAPTER 10: APPEALS
INDEX
