Coverage Conundrums
Presented by the CBA Alberta Insurance Law South Section
On Demand. Originally presented on May 16, 2024.
As the Quebec Court of Appeal has recently described it, an insurance company is a two-headed "hydra": with duties to review coverage and conduct a good faith defence. There should not, however, be anything to fear from the hydra's coverage "head"!
Regardless of which side you're on, understanding the relationship between coverage and defence, and understanding how what's happening on the other side might affect your work, is key to providing effective counsel to the insurer, the policyholder or, on the defence side, providing an effective defence that protects the policyholder, the insurer and you. Join Marcus Snowden for an insightful discussion of common coverage conundrums and how to address them.
Marcus Snowden is the principal of Snowden Law Professional Corporation (in Ontario) and licensed in Manitoba outside the corporation, with a practice focused exclusively on providing coverage counsel services for the insurance and risk management community. He has extensive experience in advising on and litigating or acting as monitoring counsel on coverage issues, including in recent coverage decisions such as Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239, Vale Canada Limited v Royal & Sun Alliance, 2022 ONSC 12 – correction at 2022 ONSC 348 aff’d 2022 ONCA 862 (monitoring counsel only) and Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145. In addition, Marcus co-authors the Annotated Commercial General Liability Policy text and is soon to be the immediate past chair of the Canadian Defence Lawyer Association’s Insurance Coverage Law committee.
Pearl Rombis is Senior Litigation Counsel at Snowden Law, where she maintains a practice that includes both insurance coverage and insurance defence litigation. Her clients include Canadian, US, and UK insurers, re-insurers and excess insurers, self-insured corporations, hospitals, and individual professionals (including brokers and lawyers). Pearl defends insurers in commercial first-party property, equipment breakdown, Builder’s Risk/COC, Wrap-up, professional liability, and mitigation cover claims. As defence counsel, Pearl has defended a wide array of complex and large loss casualty, property, and professional liability claims, including defending liability in wrongful death, occupiers’, liquor liability, municipal and road design, product, construction/builder/condo developer/contractor negligence, property fire and water damage, railway derailments, and motor vehicle/bicycle/boating/aviation accidents. Pearl plays an active role in many professional organizations, including the Canadian Defence Lawyer’s Women’s Caucus (past-chair) and the Women’s Law Association of Ontario, and, in the spirit of paying it forward, continues her lifelong love of learning as the organizer and chair of CLE programs and is a Civil Procedure practitioner mentor at the Lincoln Alexander School of Law and TMU Law Placement Program assessor.
SPEAKERS
Marcus Snowden (Principal, Snowden Law Professional Corporation)
Pearl Rombis (Senior Litigation Counsel, Snowden Law Professional Corporation)
Christine Viney (Partner, Bennett Jones LLP)
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