Insurance Defence

Insurance Defence

At Devry Smith Frank LLP (DSF), our insurance defence lawyers work on behalf of leading Canadian and multi-national insurance carriers. We provide representation and counsel to insurers with a particular focus on property and casualty claims and life and disability claims.

Our goal is to achieve a timely resolution of all claims with minimum expense and optimal outcome. We pride ourselves in adapting every aspect of our defence services to our insurance clients’ specific needs, from intake and assignment of claims files, to scheduling, reporting, resolution of claims and billing, including electronic reporting and billing.

We have the breadth and the depth of experience to promise and deliver success. Our lawyers have extensive trial and appellate experience at all levels of courts in Ontario. We have acted in countless trials and appeals as well as mediations and arbitrations at the Financial Services Commission of Ontario, hearings at the Licence Appeal Tribunal, private mediations and arbitrations under the Arbitrations Act, 1991.

We have experience dealing with claims arising in the context of automobile liability policies, homeowners policies, comprehensive general liability policies, excess and umbrella polices, fleet and garage policies and others. We have handled claims involving a wide variety of insurance issues, including:

  • Coverage;
  • Tort;
  • Bodily injury;
  • Fire;
  • Theft;
  • Property;
  • Occupier’s liability;
  • Products liability;
  • Fidelity and employee dishonesty;
  • Statutory accident benefits;
  • Under-insured, uninsured and unidentified motorists;
  • Fatalities;
  • Future income loss and future care claims;
  • Present value determinations;
  • Income tax gross ups;
  • Discount rates;
  • Structured settlements;
  • Claims of minors and other parties under a disability.

Our lawyers are experienced with related actions dealing with collateral benefits, including disability claims (both private disability insurance (LTD) or CPP disability), as well as related actions before the Workplace Safety and Insurance Board (WSIB), the Workplace Safety and Insurance Appeals Tribunal (WSIAT), and the CPP Appeals Tribunal. Our insurance defence team includes junior lawyers, students and licensed paralegals who are well equipped to handle smaller claims cost effectively.

Accident benefits mediations, arbitrations and hearings in which we have been involved have dealt with all aspects of accident benefits including:

  • Income replacement benefits;
  • Self-employed claimants;
  • Post-two year benefits;
  • Entitlement after age 65;
  • Non-earner benefits;
  • Care giver benefits;
  • Medical and rehabilitation benefits;
  • Attendant care benefits;
  • Housekeeping and home maintenance expenses;
  • Death and funeral expenses;
  • Catastrophic designations;
  • Procedural issues dealing with termination of benefits;
  • Bad faith and special award claims;
  • Appeals at the Financial Services Commission, Divisional Court and the Court of Appeal;
  • Private arbitrations (priority disputes and loss transfers).

We deal extensively with a network of experts, including actuaries, economists, forensic accountants, doctors and other health care providers, engineers and investigators.

We pride ourselves on helping our insurance clients provide the best possible defence to their policyholders. We know that for an insured person, the litigation process can be a very stressful and confusing process. Our team is here to help your insured avoid difficulties at every turn.