Vancouver Insurance Litigation Lawyers
Insurance litigation can be highly emotional and include complex legal and evidentiary issues. This area of law impacts a variety of personal matters, including individual liability for damages, disability, and the loss of property. Insurance disputes in British Columbia are very fact-specific and require quick, experienced legal action to preserve a party’s rights and available remedies.
Since 1988, Meridian Law Group and its predecessor firms have established a reputation as a leading insurance litigation firm in British Columbia and across Canada. The firm represents the Insurance Corporation of British Columbia and its insureds against serious personal injury claims and assists injured workers through WorkSafeBC. Meridian Law Group also helps other insurance companies of every size and policyholders assert their rights in any legal forum.
Fire Damage & Property Loss
Claims for fire damage and property loss can involve several contentious legal issues. Disputes over fire and property insurance policies often arise when an insurance company denies coverage of a policyholder’s claim. Common reasons cited by insurers when denying a claim include:
- Misrepresentation by the policyholder by providing incorrect or incomplete evidence in their claim;
- Failing to bring a claim within the applicable limitation period;
- Filing a claim after the expiry of the policy through non-renewal or an insured’s failure to pay their premiums; or
- The application of exclusion clauses to the circumstances of the damage or loss, such as criminal activity, fraud, failure to maintain the safety of the property, or natural disaster.
Litigation can also arise in fire damage and property loss claims where the insurance company and insured disagree on the compensation payable under the claim or the valuation of the damaged/lost property. Disputes over a policy’s application or compensation are often influenced by competing expert opinions on either side.
Meridian Law Group provides straightforward advice and effective legal solutions to insurance companies and insureds in fire damage and property loss claims. The firm helps clients pursue an early resolution through skilled negotiation and aggressively advocates on their behalf in court when settlement is not possible.
Long-Term Disability Claims
Long-term disability policies provide financial support for policyholders who have suffered an injury or medical condition that affects their ability to work. The types of injuries or illnesses that qualify as a long-term disability depend on each policy’s specific terms but may include musculoskeletal injuries, heart or lung disease, neurological or cognitive issues, cancer, or degenerative conditions (for example, multiple sclerosis or macular degeneration).
Policyholders may face a denial of long-term disability benefits in several situations. The insurance company may have concerns about the legitimacy or severity of the disability based on expert medical evidence or their own investigation of the insured. They may determine that the insured’s circumstances do not qualify for coverage under the policy or that the insured failed to bring their claim within the applicable legislated or contractual timelines.
An individual’s entitlement to disability benefits depends on the unique circumstances of the case, the specific policy and its terms, and the complex evidence involved (medical or otherwise). Meridian Law Group assists insurers and policyholders by taking decisive action to preserve evidence, obtaining expert opinions, and assertively advocating for them in any available dispute resolution process.
Director’s Liability
One of the benefits of incorporation is that it limits the personal liability of those in charge of a business’s operations. However, directors are fiduciaries and are required by the Business Corporations Act of British Columbia to act in the corporation’s best interests, be honest, and exercise care and diligence in performing their powers.
When a director fails to act in the corporation’s best interests, they may face various legal actions. Directors often obtain Directors & Officers (D&O) Liability Insurance to protect themselves from personal liability. Depending on the terms of the particular policy, D&O insurance providers may defend directors against a variety of claims and allegations, including:
- Breach of fiduciary duty;
- Non-compliance with the Business Corporations Act and its regulations;
- Failure to comply with corporate governance documents or policies;
- Employment standards issues and wrongful dismissal claims;
- Workplace health and safety issues;
- Financial mismanagement; and
- Conflict of interest.
Disputes can arise when an insurer denies coverage to a director under their D&O Insurance policy. D&O Insurance policies can contain a variety of exclusion clauses, particularly where the director’s alleged conduct is criminal or fraudulent. The insurer and director may disagree about the fundamental nature of the allegations and the proper interpretation of the policy.
Meridian Law Group has extensive experience in director’s liability matters and provides dependable legal advice to insurance companies and insured directors. The firm assesses each case on its unique facts and develops comprehensive legal strategies to ease the client’s concerns and position them for success.
Contact Meridian Law Group in Vancouver for Trustworthy Insurance Litigation Advice
The lawyers of Meridian Law Group are known for their exceptional insurance litigation practice. Since 1988, the firm and its predecessors have been a cornerstone of British Columbia’s insurance bar and continue to represent some of the largest insurance companies in Canada today. The firm provides robust advice and creative legal solutions for insurers and policyholders in any legal forum, including negotiations, mediation, arbitration, or litigation.
Meridian Law Group is prominently located across from the courthouse in downtown Vancouver and represents clients throughout British Columbia, across Canada, and internationally. To arrange a confidential consultation for your insurance dispute, please call (604) 687-2277 or reach out online.
