Insurance Defence

Our team is the choice for the company seeking proactive, effective advocacy and management. Cohen Highley’s insurance defence team has over 40 years of experience. We recognize that the insurance client wants fast, effective and affordable service. We provide that without compromising on quality.

Services

We act for insurance companies and defend claims involving:

  • Car accidents in Ontario, other provinces, and the United States of America
  • Highway and sidewalk maintenance
  • Occupiers’ liability
  • Statutory Accident Benefits Schedule
  • Product Liability
  • Environmental damage, including oil spills
  • Farm losses
  • Crop over-spray and under-spray losses
  • Subrogation Claims
  • Property damage from sewage, flooding and drainage
  • Claims made under the “personal injury” coverage including defamation, malicious prosecution, slander of credit, and identity theft

We can help you by providing the following services:

  • By providing coverage opinions
  • Representing you on coverage issues
  • By providing opinions on cross-border issues in tort (United States of America and/or other provinces), coverage, and conflicts of law
  • Acting on behalf of your insured before the Superior Court of Justice, Ontario Court of Appeal and/or Supreme Court of Canada
  • Acting on your behalf at the Financial Services Commission of Ontario (FSCO)
  • Acting on your behalf at the Licence Appeal Tribunal under the Auto Accident Benefits Service (AABS)
  • Acting on your behalf to defend against claims for punitive and aggravated damages
  • Acting on behalf of your insured at the Ontario Court of Justice to defend against charges made pursuant to the Highway Traffic Act and the Criminal Code of Canada

Regular reporting is highlighted by our insurance clients as one of our many strengths. We believe that it is essential to have an up to date and informed client. We also believe that an early assessment of liability and damages leads to more effective file management and achievement of the desired result. Our experience allows us to determine early on how a file should be managed economically as well as strategically. We recognize that an aggressive defence may be required on one file whereas mediation and early resolution may be the preferred path on another file.

We are proactive counsel who try to direct the path of litigation rather than simply being dragged along by the other side. Ever mindful of the need to provide efficient and inexpensive service, we make effective use of our clerks, articling students and junior associates.