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15-Minute Webinar Series
Webinar Library
Property and Subrogation Webinars
Trial By Zoom
All of a sudden, we are living in a new world. Virtual trials, Caselines and a host of other litigation realities that we could not have fathomed even 5 years ago are now part of our everyday lives.
As important as it is for counsel to understand the new world we live in, whether at the LAT or in court, it is equally important that clients understand the increased complexities involved in preparing for and executing an effective trial strategy.
Enforcement of Foreign Judgments
As the volume and scope of cross-border transactions and travel continues to grow, so do the issues regarding the appropriate forum to litigate contract and injury related disputes between parties.
Parties can litigate in a specific forum as a tactical matter. Responding – or not responding – needs to be addressed in a thoughtful way with a comprehensive understanding of the key issues relating to jurisdiction.
Is there a real and substantial connection between the parties and the forum? Should my client/insured attorn? It’s a dilemma in each and every case. Answering these questions is key to making the right strategic decision for your client.
Guaranteed Replacement Cost Endorsements
What could possibly be better than a replacement cost policy? A policy that contains a Guaranteed Replacement Cost endorsement.
How do they work? What is the impact of required code upgrades? What happens when inaccurate information about the property is provided to the insurer?
Join us as we address these issues in what is becoming an increasingly popular coverage.
The Standard Mortgage Clause – Protecting Yourself Against Mortgage Fraud
Mortgage fraud is on the rise – and insurers can be a prime target. Join us as we review common scams and how to protect yourself against this unique and growing threat.
Pandemic Limitation Suspension: The End is Near
Join us for a discussion about the pandemic limitation suspension and why, as September 14, 2022 approaches you have to be extra vigilant in tracking actual limitations on your subrogated claims. We’ll discuss the computation of time to help you ensure that no key dates are missed.
Multiple Occupiers – Who’s to Blame?
Can more than one entity be an occupier of the same place at the same time? The easy answer is yes. But as with most things in life, it’s never that easy. Join us as we discuss this issue in the context of municipalities, private landowners, road associations and an array of other occupiers.
Occupiers Liability Part 2 – The Impact of Vendor Contracts
Join us for Part 2 of our series addressing Occupiers Liability issues. In this session we will explore the impact of vendor contracts on an occupier’s exposure.
Occupiers Liability Part 1 – What Makes An Occupier an Occupier and What Standard Must They Meet?
Join us in Part 1 of a 3 Part series as we discuss the basics of Occupiers Liability Claims. What makes an occupier an occupier and what is the standard they must meet with respect to maintenance of their premises?
Determining if you have a case and assessing your chance of success: Considerations
There may be cases where you may know at the outset that there is a viable subrogation claim. In other cases, it may not be so lear. We will discuss the black and white, and the grey.
Investigating Spills Claims: What you need to know and who you need to ask
Spills claims involve managing and gathering information from regulatory authorities, environmental remediation contractors, general remediation contractors, standard of care experts and your insured. Sounds like a lot of balls to juggle. Well, it is.
Oil Spill Claims: An Overview of the Regulatory Environment and the Players
Prosecuting or defending spills claims require an understanding of the regulatory environment that governs the conduct of the key players involved in spills. We’ll provide you with the information that you need to know.
Investigating Fire Losses – Part 3: Arson Investigations
What should you be looking for and what does the case law say that you need to prove your case.
Investigating Fire Losses – Part 2: The Engineering Frontier
Your case will often turn on what your expert finds at a scene investigation and how that investigation is conducted. We will discuss realities on the ground with a fire scene investigator.
Investigating Fire Losses: What is NFPA and why is it important
You see the reference to NFPA 921 standard in all of your reports. We will walk you through it and discuss why its critical for any fire investigation.
ACV v. RCV – What is the Appropriate Measure of Recovery?
We have all heard it before – you are only entitled to actual cash value because a defendant only has to compensate old for old. But is that what the case law says?
Dealing with the Named Insured – What Does Dominus Litus Have to Do With Anything?
Whether an Insured cooperates or not can be the difference between a good recovery and no recovery at all. We will discuss the dynamics of the Insurer – Insured relationship including the issue of who controls an action.
CGL Issues – Duty to Defend: Different Endorsement, Different Outcome
Determining whether the pleadings trigger coverage in respect of an Additional Insured will turn on a combination of the underlying facts of a loss and the wording of the endorsement that adds a party as an Additional Insured. Be aware of the difference between limiting and expansive language.
CGL Issues – The In’s and Out’s of the Duty to Defend
Understanding at an early stage when the duty to defend is triggered can save a lot of time and expense for an Insurer and can provide additional strategic flexibility in claims handling.
Risk Shifting Part Three – Extending the Shift
As parties to commercial agreements become more sophisticated about the insurance implications in their agreements, parties can be assuming the risk of those that are not even parties to the contract. Join us for the last of our risk-shifting seminars.
Risk Shifting Part Two – Nuanced Risk Shifting Language
We will drill into the language in commercial agreements in order to better understand how parties address who is going to bear the risk of a specific type of loss.
Risk Shifting Part 1 – What is Risk Shifting and Why Does It Matter?
Commercial leases and construction agreements often provide for one party or another to assume the risk of loss in a given circumstance. An otherwise promising subrogation opportunity might be undone by a risk-shifting provision in the underlying agreement. This topic is equally important for those advancing subrogated claims and those defending against them. It is a tricky topic that is worth the investment of your time.
Retaining and Working with your Expert
In most subrogation cases, obtaining an expert will be critical in building your case. It is important to pick the right expert and leverage that expertise to help you understand the technical aspects of your case.
Subrogation Investigations – Doing the Bloodhound Work
You think you have a case worth pursuing. What are your next steps to flesh out your theory of liability? We will discuss strategies to help you to build the foundation for a successful recovery operation.
Identifying Subrogation Opportunities
As important as identifying files that provide a good opportunity for recovery is identifying those that don’t. Learn about the basics of negligence, contractual and statutory liability as an analytical framework to analyze whether you have a case to pursue or not.
SABS and Bodily Injury Claims Webinars
Graul v. Kansal – A Post Mortem
Join us for a discussion of the recent decision of Justice Lemon in Graul v. Kansal. This case contains many of the ingredients we see in most bodily injury claims which makes it ideal for a review of what to watch out for as you weigh the relative strengths and weaknesses of your cases.
LAT Request for Reconsideration – Part 3: Where Do You Go From Here?
Where do you go if a Request for Reconsideration is not successful? The short answer is the Divisional Court. But it’s not that simple. We will discuss the mechanism to appeal and the odds you face in getting to the desired outcome at the Divisional Court.
LAT Requests for Reconsideration – Part 2
What do the numbers tell us about Requests for Reconsideration? We will review the numbers to give you a sense of the odds you face if a reconsideration is sought by you or the other party. We will highlight some cases to tease out some trends.
Requests for Reconsideration at the LAT – Part 1
Is it an appeal or something else entirely? What are the rules and when does it make sense to consider a reconsideration of a LAT decision. Join us as we review the LAT Rules of Practice and consider when a reconsideration may be appropriate.
Deemed Incurred Attendant Care Expenses
The Regulation provides for deeming an expense to be incurred if an insurer unreasonably withheld a benefit. Once again the concept of ‘reasonableness’ is front and centre.
Retroactive Attendant Care – What Does The Caselaw Say About this Exposure?
It is commonplace for retroactive attendant care to be in play based on the pleadings. What are the indicators that this exposure is real?
Self Employed IRB Claims – Now I’ve Got the Documents, What Should I Do With Them?
Whether you want to roll up your sleeves or hire accounts to roll up theirs, you need to understand the numbers.
Self Employed IRB Claims – What Supporting Documents Do I Need and Why?
It never hurts to talk about business, banking and tax records. We’ll do just that.
MIG 2 – How Can I Be Sure the MIG Applies?
Denying treatment on the basis that a claimant has sustained a MIG injury? Make sure your medical and other reasons are on the right side of the line.
MIG 1 – Dotting Your I’s and Crossing Your T’s
Denying treatment on the basis that a claimant has sustained a MIG injury? Make sure your notice covers all the bases that need to be covered. If you know all the ways that Insureds can get themselves out of the MIG, make sure you avoid all of the things Insurers do to get Insureds out of the MIG.
Policy Breaches and Statutory Third Parties
Absent a consent defence, Insurers must defend the policyholder or the policy to the extent of minimum limits. This is back to the basics of adding insurers as Statutory Third Parties.
Bodily Injury – Consent to Possession
This can be a most impactful defence to a claim against your policyholder. But it is riddled with factual booby traps. We’ll tell you all about it.
SABS – Production of Adjusters Notes
What is the scope of adjusting notes that are producible at the LAT? The answer is that it depends on a number of factors.
SABS – Limitation Periods
Everyone knows that there is a two-year limitation. But two years from when and does the LAT have the discretion to extend?
SABS -Section 33 Requests – When, Where, Why and How?
Section 33 provides a valuable tool for an insurer to obtain the information reasonably required for the purpose of adjusting a claim. But it’s never as simple as it sounds.
SABS – The Initial Application Process
Notice of a claim has been received, an AB application package has been sent, and an OCF 1 is received, or at least expected within 30 days. How can things possibly go wrong?
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