Five reasons why ATE insurance is worth another look

After-the-event insurance (ATE) has been available in Canada for over ten years, and by some estimates, it hasn’t come anywhere close to realizing its potential in the Canadian market [1]. Why? Lack of awareness is one possible reason, but perhaps it also has to do with deficiencies in the “traditional” model for ATE. Talk to […]

Read more

“Baffling” Defence Position Results in Significant Cost Award

It’s old news that auto insurers aggressively defend personal injury lawsuits in Ontario, but are the Courts pushing back with escalating cost awards when they lose? It might seem so based on the recent decision of St. Marthe v. O’Connor [1] (“St. Marthe”) where the Court awarded the Plaintiff $300,000 in costs plus HST and […]

Read more

ATE Legal Expense Premium a “Compensable Disbursement”

The battle over who pays the premium for After the Event Insurance (“ATE”) has been raging for a few years now as lawyers and judges consider how ATE fits within personal injury costs and disbursements.  In the most recent case on point, Stewart et al. v. Wood et al.[1] (“Stewart”), we see the Court clearly […]

Read more

Legal Expense Insurance and the Risky Business of “Winning”

Good lawyers can make all the difference; lawyers with grit and determination, those who care enough about an outcome to risk their time and money to see justice done.  While people may be quick to make lawyer jokes, the risk taken by the lawyers in the recent case of  Yelland v. Sunrise was no joke.[1] […]

Read more

Omega ATE Policyholders have clear advantage in the wake of Cozzi v Szot

Canadian personal injury lawyers have a choice when it comes to legal expense insurance.  But, those with the foresight to protect their whole portfolio with an Omega policy are sitting pretty following the recent decision in Peter B. Cozzi Professional Corporation v. Szot[1] (“Cozzi”), secure in the knowledge that what happened in Cozzi won’t happen […]

Read more

Legal Liabilities Claims 101

“You cannot be held liable for anything that you have no power over. Guilt, shame and blame make no sense when circumstances are beyond your control.” – Kate McGahan, Jack McAfghan: Return from Rainbow Bridge Tort law forms the foundation of most liability insurance claims and most, if not all, insurance claims allege the tort […]

Read more

New legal expense insurance trend represents challenge for PI lawyers

New legal expense insurance trend represents challenge for PI lawyers By AdvocateDaily.com Staff Legal expense insurance (LEI) was initially designed to increase access to justice for injured plaintiffs who would otherwise be unable to proceed to trial, but a recent development related to how insurers approach the product should concern all stakeholders, says Amanda Bafaro, […]

Read more