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With a team of 40 insurance lawyers and decades of collective experience, Field Law is one of the major insurance firms in Alberta and the Northwest Territories for many of North America’s leading insurers. In addition to our core practice dedicated to defending insurance claims, Field Law has extensive experience preparing coverage opinions and pursuing subrogated claims on behalf of multinational and local insurers.

In the insurance industry, circumstances can – and often do – change in the blink of an eye. We have a passion for the insurance industry that drives us to help clients mobilize and respond to these frequent changes quickly and effectively. Some of our lawyers have previously worked in-house for insurers. This experience translates into an understanding of industry trends and operations, billing protocols and reporting practices which supports our ability to provide collaborative and timely solutions when our clients are most vulnerable.

The longer a file is open, the more likely it is that the opportunity to seize the ideal, cost-efficient outcome will slip away. We will help you design a creative resolution strategy to minimize cycle time and manage costs, resulting in a better client experience, both for you and your insureds. We have the versatility to assemble the right team of lawyers for sophisticated, high-exposure cases and those that are less so. Regardless of a case’s complexity or potential exposure, our goal remains the same – explore the most efficient, cost-containment solution available, but when necessary, fight relentlessly to achieve the best result at trial.

Being a Field Law client includes many benefits and opportunities. We constantly evaluate and advance our technology infrastructure to ensure our clients take advantage of the most cost-efficient approaches to file management. We also provide regular publications, email updates and educational seminars that allow you to stay current on trends in insurance law and dispute resolution, plus casual, off-the-clock discussions and firm community events to help us get to know you and your business better.

The team at Field Law acts for property and casualty insurers, life insurance companies, international insurance groups, reinsurers and major insurance agencies and brokers. We manage complex insurance matters, including: 

  • Construction, Bonds + Surety
  • Industrial Losses
  • Host Liquor Liability
  • Motor Vehicle
  • Commercial General Liability
  • Occupiers Liability
  • Cyber Liability
  • Personal Injury
  • Defamation
  • Products Liability
  • Directors + Officers
  • Professional Liability
  • Disability + Life Insurance
  • Errors + Omissions
  • Fidelity Coverage
  • Reinsurance
  • Fire Loss
  • School Liability
  • Government
  • Title Insurance
  • Homeowner + Tenant Liability
  • Autonomous Vehicles
  • Property Loss
  • Sports + Events

Don't miss out! Join our insurance email list today and receive alerts, articles, invitations to events and more!

 

Field Law is proud to be recognized in The Globe and Mail’s Canada’s Best Law Firms 2022 List in the area of Insurance.

,
KC
(She/Her)
Partner
VCARD
Practice Group Leader
Edmonton
cpratt@fieldlaw.com
(She/Her)
Partner
VCARD
Practice Group Leader, Trademark Agent
Calgary
lmacfarlane@fieldlaw.com
Manager, Litigation Services - Edmonton
VCARD
Edmonton
aantler@fieldlaw.com
(She/Her)
Paralegal, Litigation Services
VCARD
Calgary
amehio@fieldlaw.com
Renfrew Insurance Ltd. v. Donald, 2012 ABQB 228
ING Insurance Company of Canada v. Manuel, 2008 ABCA 201
Barry v Industrial Alliance Insurance and Financial Services Inc (IAF), 2022 ABQB 265
Optrics Inc. v Lloyd’s Underwriters, 2022 ABCA 26
Brosseau Estate v Dubarry Estate, 2022 ABQB 60
The Alberta Teachers' Association v Buffalo Trail Public Schools Regional Division No 28, 2022 ABCA 13
Lafferty v Co-operators General Insurance Co, 2021 ABCA 359
Engen v Hyundai Auto Canada Corp., 2021 ABQB 740
Gradziel v Town of Coalhurst, 2020 ABQB
Osunde v Saskatchewan Mutual Insurance Company, 2020 ABQB 177
Osunde v Saskatchewan Mutual Insurance Company, 2020 ABQB 177
County of Vulcan v. Genesis Reciprocal Insurance Exchange, 2020 ABQB 93
Nelson v Grande Prairie (City), 2019 ABQB 897
Steer v. Chicago Title Insurance Company, 2019 ABQB 670
ALIA re: Sylvia Lapaschuk and Andrew Tanasychuk
Carvalho v Associated Chinook Cab Ltd., 2019 ABPC
Gagnon v Shoppers Drug Mart, 2018 ABQB 888
Teare Creek Contractors Ltd v Sonex Construction Ltd, 2018 ABQB 679
MGN Constructors Inc v AXA Pacific Insurance Company, 2018 ABQB 631
Nelson v. City of Grande Prairie, 2018 ABQB 537
Arc Line Construction Ltd v Smith Trucking Services (1976) Ltd, 2018 ABQB 448
Alberta Motor Association Insurance Company v Aspen Insurance UK Limited, 2018 ABQB 207
Steer v Chicago Title Insurance Company, 2018 ABQB 28
Co-operators General Insurance Company v. Kane, 2017 BCSC 1720
Bumstead v Dufresne, 2017 ABCA 122
Meghji v Ippolito, 2017 ABPC 7
Toews v First Choice Canada Inc (Signature Vacations), 2016 ABQB 130
Bumstead v Dufresne, 2015 ABQB 787
MGN Constructors Inc. v. Axa Pacific Insurance Company, 2012 ABQB 561
Roadway Construction Ltd. v. ING Western Union Insurance Co., 2008 ABQB 367
Zubick v. Alberta Teachers' Association, 2008 ABQB 5
Swagger Construction Ltd. v. ING Insurance Co. of Canada, 2005 CarswellBC 2127, British Columbia Supreme Court [In Chambers]
Synod of the Diocese of Edmonton v. Lombard General Insurance Co. of Canada, 2004 ABQB 803
June 20, 2024
Effective Concussion Treatments: Separating Fact From Fiction
Webinar
Rest. Physiotherapy. Vestibular training. ´╗┐Neuro-optometric rehab. Cognitive rehabilitation. Psychological treatment. The therapeutic treatment modalities available for the relief and improvement of concussion related symptoms have ballooned in r...
April 18, 2024
Physical Medicine + Rehabilitation with Dr. Lo
Lunch + Learn
Join Field Law and Dr. Alto Lo, MD, FRCPC, CSCN Diplomate (EMG) for a complimentary lunch and learn that will provide insurance professionals with a better understanding of the field of physical medicine and rehabilitation, and the injur...
March 2024 - 7 min read
Ontario Court Addresses Important, Recurring Issues in Complex Liability Coverage Disputes
The Court of Appeal (i) affirmed time-on-risk as the correct method for allocating the costs of defence between insurers when claims span many years, (ii) affirmed that insurers are not obligated to reimburse their insureds for the cos...
March 2024 - 4 min read
Interviewing Witnesses as an Adjustor: Don’t Invite Everyone!
This case highlights the importance of exercising care when inviting parties to an witness interview. Broad invites can lead to unintended waiver of litigation privilege over interview transcripts. In relation to a building fire for wh...
February 20, 2024
Beyond TENS + Hot Packs: Physiotherapy's Role in Insurance Files
Lunch + Learn
In the dynamic field of physiotherapy, understanding the nuances of AB-2 and AB-4 reports is crucial for effective treatment and legal documentation. This lunch and learn will review the essentials of interpreting these reports and provide insights int...
December 2023 - 4 min read
Production of a Plaintiff’s Medical Reports from a Prior Accident
In a personal injury matter, a dispute arose over the production of a plaintiff’s independent medical examination records and reports from a prior action. The Alberta Court of King’s Bench determined that such records are a...
November 24, 2023
Calculation + Response to Whole Person Impairment
Webinar
Whole Person Impairment ("WPI") Ratings have taken on greater implications in a world where claimants seek to ensure that they can prove that their injury is not a “minor injury”. WPI can be assessed by a variety of specialists, w...
October 26, 2023
Unpacking Concussion Injuries with Dr. Martin Mrazik
Webinar
In the ever-evolving landscape of insurance law, staying up to date on developments in the areas of concussions, mild traumatic brain injuries, and post-concussive syndrome is vital. Understanding recent cases and their outcomes is crucial for making i...
August 2023
The Best Lawyers™ in Canada 2024
43 Lawyers Recognized
Field Law is pleased to announce that 42 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
May 24, 2023 - 4 min read
Surety Liability Under a Performance Bond
The Court faced a situation where it had to determine whether a surety had any liability under a performance bond. The Court found that even where it could not conclusively determine whether certain damages were due to the principal...
April 25, 2023
Mid-Year Checkup: Trends + Challenges for Insurers
Seminar
The insurance industry is facing a rapidly evolving climate with new challenges emerging every day. Insurers must navigate a complex legal landscape with constantly changing regulations and case law. These challenges require a proactive approach and an...
February 2023 - 5 min read
The Consequences of Fraud + Wilful Falsehood in Auto Insurance Claims
The Court confirmed that a willfully false statement made by an insured to the insurer can result in the insurer denying all types of recovery to the insured.  The Alberta Court of Appeal describes its new decis...
November 2022
Getting a Grip on Slip-and-Fall Cases: Nelson (City) v. Marchi
Canadian Lawyer
November 16, 2022
Occupiers’ Liability: Refresher on Key Issues + How to Use Biomechanical Evidence
Webinar
Successfully defending a trip and fall/slip and fall claim starts with a solid understanding of the Occupiers’ Liability Act. It also involves understanding when to engage experts to provide biomechanical evidence that can help provide clari...
September 2022 - 4 min read
Can Surety Bonds be Rescinded Due to a Contractor's Fraudulent Conduct?
Surety bonds are commonplace on construction projects across Canada. They provide assurance that if the principal under the bond (usually a general contractor or major subcontractor) defaults, funds will be available to complete the work and/or pay unp...
September 16, 2022
People, Pets + Parking: Your Condo Building Insurance Questions Answered
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
September 2022 - 3 min read
Court Provides Important Ruling on Pre-Judgment Interest
In a September 9, 2022 decision, the Court of King's Bench provided the first ruling on pre-judgment interest since Insurance (Enhancing Driver Affordability And Care) Amendment Act, 2020, SA 2020, c 36 (the "Insurance Amendment Act"...
September 2022 - 4 min read
Exposure for Developers: Potential Liability for Dangerous Defects
In construction law, it is common for anyone actively participating in construction projects to have duties imposed upon them to ensure the work is completed safely and is free from dangerous defects. If there is no evidence of the developer's r...
August 2022 - 5 min read
Court Clarifies Indirect Loss Claims and Class Proceeding Definitions
A recent case from the Alberta Court of Appeal demonstrates that claims in pure economic loss can be difficult and that there needs to be sufficient directness or relatedness of relationship and damage for a party to succeed. In addition, individual pr...
August 25, 2022
The Best Lawyers™ in Canada 2023
38 Lawyers Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 17th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer review...
June 15, 2022
Evidence Documentation in Forensic Investigations
Lunch + Learn
Join Field Law and Collision Analysis Ltd.'s Craig Good and Steve Thannhauser for a complimentary lunch and learn that will provide insurance professionals with a general overview of forensic investigations and guidelines f...
May 2022 - 3 min read
Like a Light Switch: Court Examines Consent + Vicarious Liability
A recent case from the Alberta Court of Appeal confirms that the imposition of conditions on the consent of possession does not protect a vehicle owner from vicarious liability.  Facts Pinksen owned a car, and her husband allowed Rampersad t...
April 20, 2022
The Degenerative Spine in Injury with Dr. Richard Hu
Seminars
Join Field Law and orthopedic surgeon Dr. Richard Hu MD, FRCSC, for an interactive seminar about: IME Reports: Differing perspectives on the Degenerative Spine  Case Presentations: A question and answer period with a discussion of ...
March 29, 2022
Coffee + Counsel: Insurance Industry Insights - What's in Store for 2022?
Q+A Session
Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to insurers in Alberta. Your questions guide the discussion, and we pr...
March 2022 - 3 min read
Fire Distinguisher: Court Clarifies Liability for Third-Party Arsonists
A recent decision determined that construction companies cannot be liable for the actions of third-party arsonists. So long as the property owner is making “normal and ordinary use of the property” in that there is “no unusual danger ...
March 2022 - 5 minute read
Accumulated Risk: The Dangers of Negligent Road Maintenance
What You Need to Know The Alberta Court of Queen’s Bench held that the City of Calgary (the “City”) bore some liability for an accident caused by negligent road maintenance. This decision highlights the legal exposure that can ar...
December 2021
Court of Appeal Adopts the "Plausible Inference" Approach to Discoverability
Is a plaintiff's understanding of the law, and how it might apply to their claim, relevant to an assessment of when a limitation period expires? In Lafferty v Co-operators General Insurance Co, 2021 ABCA 359, the Alberta Court of Appeal r...
November 16, 2021
Field Law Recognized in The Globe and Mail’s Canada’s Best Law Firms 2022 List
At Field Law, we continually aim to provide the best legal advice and client service in western and northern Canada; receiving recognition for work we are passionate about is simply a bonus. We are proud to announce we have been recognized as one ...
November 2021 - 3 min read
Direct Compensation for Property Damage is Coming to Alberta
The Superintendent of Insurance has approved amendments to the Standard Auto Policy Form No. 1 (“SPF No. 1”) that will take effect January 1, 2022. The most significant amendments relate to Bill 41: Insurance (Enhancing Driver Affordab...
November 2021
Court Clarifies Test for Core Policy Immunity of Municipalities 
The concept of government liability in negligence for policy vs. operational decisions has existed for some time. Core policy decisions are exempt from liability, whereas operational decisions are subject to the usual common law liability consideration...
November 2021
5-Star Insurance Law Firms and Lawyers
Insurance Business Canada
October 2021
Field Law has been Named as a Recipient of the 5-Star Insurance Law Firm Award
Insurance Business Canada
Field Law is proud to be honoured in the Insurance Business Canada magazine and website as a recipient of the 5-Star Insurance Law Firm Award. The Award is a result of 15-weeks research, surveying insurance leaders and a wide r...
October 7, 2021
Recent Developments in the Alberta Insurance Industry
Webinar
In the insurance industry, circumstances can – and often do – change in the blink of an eye. Join Brian Filips, Jill Bishop and Angela Beierbach of Field Law's Insurance Group for a complimentary webinar on recent developments in t...
September 22, 2021
Biomechanics + Human Factors in Personal Injury Litigation
Webinar
Understanding the forces and motions experienced during injury causing events can be an important consideration when evaluating causation in the context of personal injury litigation. Whether it's a slip and fall or a motor vehicle collision, human...
August 2021
The Best Lawyers™ in Canada 2022
38 Field Lawyers Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 16th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
April 2021 - 3 min read
No Control, No Liability? Clarification on Liability of Owners of Rented/Leased Vehicles
What happens when the owner isn't covered by the Workers' Compensation Act? A recent case from the Alberta Court of Queen’s Bench, Barz v Driving Force Inc, provides some clarity to the law as it relates to the vicarious liability of...
March 16, 2021
Coffee + Counsel: Alberta Automobile Insurance, Recent Reforms + Case Law
Q+A Session
Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to automobile insurers in Alberta. Your questions guide the discussion...
January 2021
Field Law Announces Five New Partners
The Firm welcomes Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky to its partnership.Field Law is pleased to welcome Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky as partners of the Firm. ...
December 2020 - 25 min read
Case Summary: Tokio Marine & Nichido Insurance Company v Security National Insurance Company
Defence + Indemnity
The Alberta Court of Appeal has interpreted and applied Alberta’s legislation, which sets out the priorities of various insurers who may be involved in a leased/rented vehicle situation.  Tokio Marine & Nichido Insurance Company v. ...
December 2020 - 7 min read
Case Summary: Der v Zhao
Defence + Indemnity
The existence of a municipal bylaw requiring residents to clear sidewalks abutting their property together with the fact that the property owner voluntarily cleared the sidewalk do not create a duty of care towards users of the sidewalk. Der v Zhao, 20...
December 2020 - 6 min read
Case Summary: ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry)
Defence + Indemnity
The Alberta Court of Queen’s Bench considered the rules for admissibility of affidavit evidence at length. ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry), 2019 ABQB 653, per Topolniski, J. Facts + Issues This case concerned ...
December 2020 - 10 min read
Case Summary: Hannam v Medicine Hat School District No. 76
Defence + Indemnity
The Alberta Court of Appeal clarified what is required for a summary judgment/dismissal after Weir-Jones Technical Services Inc. v Purolator Courier Ltd. and concluded that the outcome of the case does not have to be obvious in order for a Court to gra...
December 2020 - 9 min read
Case Summary: In re Capital One Consumer Data Sec. Breach Litig.
Defence + Indemnity
A U.S. District Court holds that the report of a forensic consultant, engaged on retainer in advance, in response to a data breach is NOT privileged. In re Capital One Consumer Data Sec. Breach Litig., 2020 U.S. Dist. LEXIS 91736 (U.S. Dist. Ct., E Va....
December 2, 2020
Navigating the Maze of Psychological + Brain Injuries
Webinar
Claims of psychological injury have increased significantly since the advent of the Minor Injury Regulation. Such problems can range from adjustment disorder and depression to post-concussion syndrome and PTSD. Such injuries are particularly difficult ...
November 26, 2020
Forensic Evidence: How to Prevent + Protect Against Spoliation
Webinar
Join Field Law's Danielle Mousseau and Origin and Cause's Matthew Obach and Martin Coles for a webinar discussing:•    An overview of the law on spoliation   •    Knowing when to engage th...
October 2020 - 5 min read
Case Summary: LDS v SCA
Defence + Indemnity
Forensic analysis of voluminous data and electronic devices can constitute steps which "significantly advance" an action to resist an application for dismissal of the litigation on account of delay. LDS v SCA, 2020 ABQB 586 Fa...
October 2020 - 6 min read
Case Summary: National Ink & Stitch, LLC v. State Auto Property & Casualty Insurance Company
Defence + Indemnity
The insured was held to be covered for “direct physical damage”, being loss/corruption of electronic data and software, and for a reduction of efficiency in the computer system caused by a ransomware attack. This was largely due to the word...
October 2020 - 5 min read
Case Summary:  Ewashko v Hugo
Defence + Indemnity
The Alberta Court of Appeal held that co-defendants who are not adverse in interest are not required to share experts. Ewashko v. Hugo, 2020 ABCA 228 Facts + Issues Plaintiff Ewashko, represented by his mother, suffered a significant birth inj...
August 2020
The Best Lawyers™ in Canada 2021
37 Fielders Recognized
Field Law is pleased to announce that 37 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer review...
August 2020 - 3 min read
Case Study: Fuller v. Aphria Inc.
Defence + Indemnity
The Ontario Court of Appeal reiterated its disapproval of distributive cost orders but upheld a trial judge’s decision to disallow the successful plaintiff the costs of an expert where the expert’s evidence is of marginal value to the case....
August 2020 - 5 min read
Case Study: Burns v. RBC Life Insurance Company
Defence + Indemnity
The Ontario Court of Appeal ducked the issue of whether or not an insurer’s employee can be sued in his/her personal capacity for bad faith.Burns v. RBC Life Insurance Company, 2020 ONCA 347; varying 2019 ONSC 6977 Facts and Issues The Plaint...
August 2020 - 10 min read
Case Study: Apps v. Grouse Mountain Resorts Ltd.
Defence + Indemnity
Sports liability waivers must be clear and contain all relevant information and reasonable notice of the waiver must be brought to the customer’s attention before or at the time of entering into the contract. A customer’s pre-contract exper...
August 2020 - 6 min read
Case Study: Pembridge Insurance Company of Canada v. Chu
Defence + Indemnity
The insurer was obligated to defend its insured under a homeowner policy where its insured was alleged to have engaged in a road rage assault against another driver after the insured stopped and exited from his own vehicle – it was not sufficient...
August 2020 - 9 min read
Case Study: Laridae v. Co-operators
Defence + Indemnity
An Ontario Court ordered an insurer to defend a data breach claim in the face of data exclusion clauses where it was unclear whether or not all of the claims against the insured fell within the clauses.  Laridae v. Co-operators, 2020 ONSC 219...
June 2020
A Provincial Twist on the Emergency Suspension of Limitation Periods
Canadian Underwriter
June 2020 - 7 min read
Case Study: G&G Oil Co. of Indiana v. Continental Western Insurance
Defence + Indemnity
The ransom paid in response to a ransomware attack was held not to be covered under the “Computer Coverage” of an insurance policy because the attack and the ransom demand did not amount to “fraud”, as opposed to a mere theft (c...
June 2020 - 6 min read
Case Study: Mann v. Jefferson
Defence + Indemnity
The Court set out how to analyze whether or not the exacerbation of pre-existing injury would exceed the minor injury threshold under Ontario legislation, which provides guidance for the same issue under Alberta’s minor injury cap. Mann v. Jeffe...
June 2020 - 7 min read
Case Study: Grossman v. Nissan Canada
Defence + Indemnity
An employer who is innocent of negligence or other misconduct can be vicariously liable for the tort of intrusion upon seclusion based on a data breach committed by one of its employees.  Grossman v. Nissan Canada, 2019 ONSC 6180, per Be...
June 2020 - 9 min read
Case Study: Arconti v. Smith
Defence + Indemnity
Courts are granting opposed orders for video hearings, including discoveries by video conference as necessary in the modern age, especially in light of restricted court operations due to the COVID-19 pandemic.   Arconti v. Smith, 2020 ONSC 27...
June 2020 - 11 min read
Case Study: WM Morrison Supermarkets plc v. Various Claimants
Defence + Indemnity
An employer may be vicariously liable for a data breach caused by the tort of an employee depending on the circumstances.WM Morrison Supermarkets plc v. Various Claimants, 2020 UKSC 12, per Lord Reed rev’g 2017 EWHC 3113 (Q.B.) and 2018 EWCA Civ ...
May 2020
The Limits of Insurance Coverage in a Pandemic
CBA National Magazine Online
April 2020
Case Summary: MDS Inc. v. Factory Mutual Insurance Company
Defence + Indemnity
An Ontario court held that under an all-risk policy the “physical damage” requirement for coverage may be met by a loss of use, which may have some application for COVID-19 business interruption claims. MDS Inc. v. Factory Mutual Insurance...
April 2020
Case Summary: Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company
Defence + Indemnity
For an auto insurer to have any place in the priority list of insurers in a rental/leased car situation, its policy must provide coverage to a relevant insured. Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company...
April 2020
Case Summary: Aviva Insurance Company v Wawanesa Mutual Insurance Company
Defence + Indemnity
For the purposes of determining the priority of insurers in the overlapping coverage situation with rental vehicles, the Court must first determine who the “lessee” is. This may not always be determined by the rental agreement alone, especi...
April 2020
Case Summary: Li c. Equifax Inc.
Defence + Indemnity
A claimant who is the victim of a data breach and who has suffered only mental distress or potential future loss such as actual fraud or identity theft lacks standing to sue for such losses.Li c. Equifax Inc., 2019 QCCS 4340, per Bison, J.C.S. Fa...
April 2020
Uncertain Surety: Expiration of a Limitation Against a Principal is not a Defence to a Bond Claim
Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired.  But, in the ca...
April 15, 2020
Navigating Business Interruption Claims Due to COVID-19
Webinar
COVID-19 will result in a big surge in business interruption claims. Get ahead of the curve by getting up to speed on the key issues you will need to know to deal with those claims. Presented by Mike Doerksen and Angela Beierbach, this webinar will pro...
April 2020
UPDATE: Alberta Limitations Under the Insurance Act
On April 2, 2020, Field Law reported that the limitations periods in various statutes had been suspended due to the impact of COVID-19. We noted that certain statutes were not included in the suspension order including the Insurance Act. Fiel...
April 2, 2020
Business Interruption Claims Due to COVID-19
As a result of COVID-19, countless businesses have been forced to temporarily shut their doors or change the way they operate significantly. As a direct result, many businesses have lost and continue to lose income. More and more businesses will be loo...
February 2020
Case Summary: R v Badrudin
Defence + Indemnity
An insured’s statement to his fire insurance adjuster as required by the policy’s statutory conditions is inadmissible in criminal proceedings against him because it is a statutorily compelled statement.R. v Badrudin, 2019 NLSC 187, per Tho...
February 2020
Case Summary: Malcolm Silver & Co. Ltd, et al. v State Farm Fire and Casualty Company
Defence + Indemnity
The Court held that a fraudster’s unauthorized use of the insured’s online banking system to make payments against her own credit card debts did not qualify as forgery or alteration under the terms of the policy in question.Malcolm Silver &...
February 2020
Case Summary: Yenovkian v Gullian
Defence + Indemnity
The Ontario Superior Court of Justice has recognized the privacy tort of placing the plaintiff in a false light, awarding both compensatory and punitive damages for same. Yenovkian v. Gulian, 2019 ONSC 7279, per Kristjanson, J. Facts + Issues ...
December 2019
Case Summary: Sanderina, LLC v Great American Insurance Company
Defence + Indemnity
An insured whose comptroller wired funds to a fraudster’s account on a fraudulent email purportedly from the insured’s majority shareholder was found not to be covered for the losses because of the wording of its cyber insurance policy.Sand...
December 2019
Case Summary: Goodvin v Penson
Defence + Indemnity
Parents are not generally liable for the negligence or misconduct of their adult children, including in a social host liquor case. Goodvin v Penson, 2019 ABQB 867, per Schlosser, Master Facts + Issues The Defendants Russell and Shell...
December 2019
Case Summary: Brooks v Nand
Defence + Indemnity
Advance payments payable by a Defendant’s auto insurer under the Fair Practices Regulation are not payable by an underinsured driver, nor are they payable by the Plaintiff’s own SEF 44 Endorsement or the Motor Vehicle Accident Claims fund.B...
December 2019
Case Summary: Bourbonnière v Yahoo! Inc.
Defence + Indemnity
Certification for a class action relating to a data breach was refused because, among other things, the Plaintiff was held not to have suffered a compensable loss. The Plaintiff failed to demonstrate a compensable loss such as actual fraud or identity ...
November 18, 2019
Insurance Industry Update: What You Need to Know
Seminars
Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so, how much? Why have the rules changed? Are there any benefits to providing advances? Wha...
October 2019
Case Summary: Quilichini v Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd.
Defence + Indemnity
An electronic contract, executed electronically, including a liability exclusion form, was held to be effective to bar a defendant’s liability for a sports accident.  Quilichini v. Wilson’s Greenhouse & Garden Centre Ltd. and Velo...
October 2019
Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
Defence + Indemnity
The Ontario Court of Appeal held that commencing a lawsuit to enforce an insurance claim becomes “appropriate” as soon as it is legally possible under the policy to do so and not a later date when the insurer denies the claim.  Na...
October 22, 2019
Insurance Industry Update: What You Need to Know
Seminars
The insurance issues surrounding liability for personal injury are always changing. Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so...
August 2019
Case Summary: Merino v. ING Insurance
Defence + Indemnity
The Ontario Court of Appeal held that an auto insurer cannot void a policy for any material misrepresentation, including as to ownership. An insurer wishing to get out of an auto policy for misrepresentation must terminate the policy on notice, which d...
August 2019
Case Summary: Stewart et al. v Wood et al
Defence + Indemnity
The premium that a plaintiff pays for plaintiff adverse costs insurance may be a taxable disbursement in the litigation.Stewart et al. v. Wood et al., 2019 ONSC 3931, per Tausendfreund, J. FACTS + ISSUES The parties settled a personal injury a...
May 29, 2019
Understanding Financial Statements with Shawn Hemens
Seminars
Join Field Law and Shawn Hemens, a Chartered Business Valuator specializing in quantifying personal injury and business loss claims, for a seminar discussing: The types of financial statements that a lawyer and or adjustor will be provided in suppo...
April 3, 2019
Staying Current with Auto Liability Claims in Alberta
Seminars
Join Field Law's Jane Freeman and Michael Doerksen for a seminar discussing:  Reserving Rights and Alberta Auto Coverage Defences  An overview of the major types of coverage defences of the auto insurer under Alberta's stand...
February 2019
Case Summary: Enterprise Rent-A-Car v Intact Insurance
Defence + Indemnity
The legislation setting out priorities among insurers in a rental/leased vehicle situation only applies to those policies which provide coverage and the term “listed driver” in an auto policy is not “an insured named in the contract&r...
February 2019
Case Summary: Modisette v. Apple Inc.
Defence + Indemnity
In the context of a motor vehicle accident where the at-fault driver was distracted by using his cell phone, the claim against Apple Inc. for marketing the cell phone without technology to disable its use while the user is driving was summarily dismiss...
December 2018
Case Summary: Wm Morrison Supermarkets PLC v Various Claimants
Defence + Indemnity
Employers can be vicariously liable at common law for the actions of a rogue employee who brings about an unauthorized cyber data breach, even where the employee’s motive was to harm the employer and not to injure the third parties ...
December 2018
Case Summary: Layes v Stevens
Defence + Indemnity
A $200,000 loss of future income earning capacity award to a 25-year-old student able to continue working full time was upheld where she had no settled employment pattern relying on comparator cases, without a mathematical calculation.  Layes...
December 2018
Case Summary: Aviva v Wawanesa
Defence + Indemnity
An Ontario Court sets out the factors for determining who the “lessee” of a rented/leased vehicle is for the purposes of determining the priority of insurers providing coverage.
December 2018
Case Summary: Dion v Security National Insurance Company
Defence + Indemnity
A claim for diminished value of a vehicle repaired after an accident is not covered under Section C of the Alberta Standard Auto Policy, SPF No. 1.Dion v Security National Insurance Company, 2018 ABPC 242 FACTS AND ISSUES: The Plaintiff Dion was in...
November 2018
No Appeal of the Cardinal Decision: SEF 44 Coverage and Automobile Used Without Consent
Insurance Alert
On November 15, 2018 the Supreme Court of Canada denied an application for leave to appeal the decision of the Alberta Court of Appeal in Cardinal v Alberta Motor Association Insurance Company, 2018 ABCA 69 (Cardinal).In Cardinal, the insurer, AMA, iss...
September 2018
Cyber Losses: A Serious Organizational Risk in the Modern World
The Lawyer's Daily
August 2018
Case Summary: R.C. Heating & Gasfitting Ltd. v The Sovereign General Insurance Company
Defence + Indemnity
Where past negligence involved in the installation of the system manifested itself in an explosion years later, the “occurrence” or “accident” was held to have occurred at the time of the explosion, not at the time of the neglig...
August 2018
Case Summary: Scale Estate v The Cooperators General Insurance Company
Defence + Indemnity
When an insurer contemplates settling to its policy limits in an auto case, it must take steps to ensure that all potential claims have been accounted for.  Where an insurer, knowing of another claim for the same accident, paid its limits in three...
August 2018
Case Summary: Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd.
Defence + Indemnity
In some cases, service may be accomplished by email (or deemed good and sufficient), including email upon the servee’s counsel.Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd., 2018 ABCA 246 [4282]FACTS AND ISSUES:A C...
August 2018 - 13 min read
Six Circles of Hell: Priority Among Insurers In An Alberta Rental/Leased Vehicle Claim
Accidents involving rental/leased vehicles give rise to overlapping insurance coverage situations. The rental/leasing company will have an owner’s policy covering it and anyone driving with its consent. The driver may have an owner’s policy...

Home Visits

Given the geographic scope of our business it is not unusual for Field lawyers to travel for several hours to meet with insureds. To prepare for a liability trial we travelled to the insured’s home located 130 km from Calgary to brief him for trial as he was an elderly man. We also travelled 150 km to Red Deer, Alberta to brief the insured’s nephew. The nephew agreed to testify at the trial even though the relationship between the nephew and the insured was strained. The Court relied on the evidence of the insured and his nephew and dismissed the Plaintiff’s claim in its entirety. During the trial, we were also in constant contact with the insured’s daughter and made suitable arrangements for the insured to attend the trial in Calgary.

Making Life Easier for the Client

In a subrogated recovery claim arising from the collapse of a house during a major renovation project, the insured was a very busy doctor with a pretty hot temper. By the time the litigation concluded, his family had relocated to Australia. When contacted to explain that the insurers had finally resolved the matter, but that he and his wife needed to execute standard releases in favour of the parties we had sued as part of the settlement he was incensed by the time it would take for him and his wife to attend before a Notary Public to swear the documents. Seeing his response and frustration, we contacted the other counsel and convinced them that given the passage of time there really was no need for a release. Opposing counsel agreed and we advised our insured that no release would be needed. He was extremely thankful that he did not have to have further involvement or spend any further time dealing with the litigation or the conclusion of the same.

Explaining the Process

Litigation is adversarial, so the experience can be confusing and stressful to an insured. A strategy we employ to improve this experience is early and clear communication. Rather than having an assistant or more junior lawyer meet with our insured to execute an Affidavit of Records, the lead lawyer will meet with the insured directly. We let them know who we are, what our role is and make it clear that our job is to defend them. We explain the steps in the litigation, the Plaintiff’s claim, the purpose of a Statement of Claim, discussing questioning if relevant and any other concerns they may have. In that way, the insured has a personal relationship with counsel that generally makes them much more cooperative and understanding of their obligations in the litigation, the role of counsel and the role of their insurer.