Insurance Law

For decades, Guild, Yule has acted for many of North America’s leading property and casualty underwriters, defending actions against their insureds, prosecuting subrogated claims for recovery, and protecting their interests in policy coverage suits. Our practice also encompasses the fields of accident and disability insurance.  We provide legal counsel with respect to claims throughout Western Canada, and our opinion is sought from insurers on risks insured internationally. We work closely with our clients’ claims professionals to develop case management strategies tailored to the particular claim, and to identify and implement alternative methods of dispute resolution. The firm also advises clients in the insurance industry as to corporate matters such as registration and licensing requirements. Our specialist experience is detailed below:

Commercial and Social Host Liability

In addition to acting on behalf of parties involved in claims relating to the safety of commercial and residential premises, Guild Yule defends liability claims in which a contributing factor to the accident was intoxication, resulting in allegations of over-serving against bars and restaurants or against the hosts of private social events.

Class Actions

Class actions have the potential to be a devastating blow to even the largest entities. The early procedural stages of such an action is often critical to the final outcome. It is therefore imperative these claims be handled by legal counsel with the experience necessary to create and follow through on an effective strategic plan. At Guild Yule, we have a wide range of experience in the defence of class action claims relating to matters including medical devices, pharmaceuticals, institutional abuse, pollution claims, and infectious disease.

Construction

We act for insurers in the defence of liability claims against homeowners, construction professionals and contractors, arising during or after a construction project.

Coverage Disputes

We are proud of having one of the most respected coverage practices in the Province. We have a long history and broad range of experience in advising clients of the rights and obligations arising out of policies covering all aspects of risk, examples of which include E&O, CGL, D&O, Marine, Surety and Performance Bonds, and Business Interruption. We are frequently retained to defend our clients in coverage actions, contribution claims from other insurers, and to assist in drafting new policy wordings.

Director and Officers Litigation

Claims against directors and officers continue to rise in British Columbia. We defend directors and officers of corporations in matters involving securities law, oppression, misrepresentation, defamation, employment practices, and other activities covered under D&O policies.

Property Damage

We have been retained in numerous matters in which complex industrial and commercial operations (for example; manufacturing facilities, refineries, mines, pulp mills and sawmills, and shopping centres) have sustained property damage, often with resulting business interruption.  Such damage can result from a variety of modes, and we have acted in claims involving fire, flood, mould, water and chemical ingress, faulty workmanship, subsidence and corrosion.  Taking a proactive approach, we often attend the scene of the loss with our clients and provide valuable guidance to adjusters and investigators in the early stages of loss adjustment.

Subrogation

We have significant experience in representing insurers in the recovery of indemnity payments from 3rd party tortfeasors.  We provide practical advice to our insurer clients on cost-effective management of subrogated claims, from before payment is made, through litigation (if it becomes necessary).  We use strong negotiating skills to increase the amounts recovered by our clients in the proactive and timely recovery of payments.