Pallett Valo’s Insurance Law Group Helps Clients Minimize Risk Through Innovative Solutions

Published on: February 2018 | News

Insurance Law

In today’s market it’s important to not only stay current with new trends and heightened regulations, it is also critical to know how to minimize future litigation risks. From consumer claims, to product compliance, to professional liability we provide insurers, adjusters, underwriters, brokers, risk managers and self-insured companies with innovative solutions to handle all types of insurance risks, claims and disputes.

Helping you to minimize risk

It can be very tricky navigating the business and regulatory environment of insurance law. Neglecting and mismanaging risk can have dire financial and operational results. That is why at Pallett Valo we equip our clients with the knowledge they need to make informed business decisions. Whether it is a property and casualty dispute, protracted multiple party claim or a multi-action dispute, you can trust us to effect the best result. We have the experience to help you to mitigate risk, while also having the required expertise to take your matter to trial. Our insurance group has successfully represented clients at all levels of Court, including the Supreme Court of Canada.

We are results driven, providing practical advice to ensure our client’s business priorities are protected. We treat each matter on its merits to determine the best strategy to both limit risk and provide opportunities for remediation in a crisis.

At Pallett Valo we deliver

As Mississauga’s prominent insurance lawyers, our clients rely on us to give efficient and cost-effective coverage and liability defence for all their insurance needs. We provide our clients with the information and strategies they need to solve both their everyday legal challenges, as well as large, more complex corporate transactions. Located in the West End of the GTA, we are able to offer our clients convenient, immediate counsel on a wide range of insurance law challenges.

Areas of our insurance law practice includes:

Assessments for self-insured companies
  • Providing risk management plans to identify issues and implement a system to ensure compliance with the Occupiers’ Liability Act, other governing provisions and to reduce risk of exposure
 
Insurance coverage opinions 
  • Addressing issues regarding insurance coverage and providing in-depth case law analysis to reduce the risk of bad faith exposure
Occupiers’ liability insurance claims
  • In Ontario, the Occupiers’ Liability Act governs all claims relating to occupiers’ liability. Anyone who is in physical possession of a property, or has responsibility for and control over a property (the “occupier”) owes a duty of care to take reasonable precautions to ensure that all persons are reasonably safe while on their property. This duty of care applies both to the condition of the property and activities carried out on the property
 
Property loss 
  • Fire and property loss claims present distinctive challenges and have led to significant awards.  Our team has the knowledge to address the type of coverage, exclusions, warranties and endorsements which limit coverage, limitation periods, reviewing the proof of loss and determining any misrepresentations of materials facts or material changes in risk
Environmental contamination claims 
  • In dealing with environmental claims, the appropriate “trigger” of coverage, whether coverage is limited or excluded by various pollution exclusions; and whether coverage is limited or excluded by owned-property exclusions.  Contamination can be caused by the following: accidental oil spills or overfilling during a delivery or in transport, defects and corrosion in the tank and pipework leading to leakage, minor leaks leading to major contamination incidents in unoccupied buildings, and a minor leak combined with a minor spark can lead to an explosion, rupturing the tank or pipework.
 
Title insurance
  • Title insurance is a form of indemnity insurance which insures against certain defined financial loss from certain defects in title to real property including the invalidity of encumbrances. There are two types of policies – owner and lender. Just as lenders require fire insurance and other types of insurance coverage to protect their investment, nearly all institutional lenders also require title insurance to protect their interest in the secured property. We have the experience to assist title insurers in applying the proper strategy to resolve claims cost effectively, while preserving the relationship with the insured. We have the expertise to deal with claims made under residential and commercial policies, and for both owners and lenders.
Professional liability 
  • For health professionals, veterinarians, lawyers and independent adjusters, the coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the services.
Product liability 
  • Product liability insurance protects against claims of personal injury or property damage caused by products sold or supplied through business. When product liability claims arise, they require a calm and quick assessment of legal liability, corporate reputation and insurance coverage
Subrogated claims 
  • Subrogation is the act of one party claiming the legal rights of another that it has reimbursed for losses. Subrogation occurs in property/casualty insurance when a company pays one of its insured’s for damages, then makes its own claim against others who may have caused the loss, insured the loss, or contributed to it.
 
Sports and recreation liability
  • Liability claims in this area have elevated risks. Sporting and recreational accidents cause serious injuries. The complexity of the legal issues significantly increases the risk to all involved in the activity or sport, whether recreational, amateur, professional or commercial.
Motor vehicle liability 
  • Defending claims advanced as a result of motor vehicle accident use, including multi vehicle collision claims and fatalities. 

Connect to Members of the Insurance Law Practice:

Sudevi Mukherjee-Gothi (Practice Group Head)
sgothi@pallettvalo.com
Direct Dial: 905.273.3022 Ext. 285
Anne Kennedy
akennedy@pallettvalo.com
Direct Dial: 905.273.3022 Ext. 204
Jeffrey Percival 
jpercival@pallettvalo.com
Direct Dial: 905.273.3022 Ext. 254
Ted Evangelidis
tevangelidis@pallettvalo.com
Direct Dial: 905.273.3022 Ext. 250
Steven Pordage
spordage@pallettvalo.com
Direct Dial: 905.273.3022 Ext. 286