• Anti-concurrent causation language: What results post Derksen?
• Waiver of tort, disgorgement and restitution: Is there coverage?
• Additional insureds: Limitations and expactions
• Personal injury - invasion of a right to privacy - what is covered?

Paul W. Walker, Q.C. l Guild, Yule & Company LLP

• When does the insurer have an obligation to defend?
• What are the potential conflicts of interest for counsel representing an insurer and an insured?
• Are there ramifications for insurance companies who do not pay defence costs?
• How are defence costs allocated in partially covered claims?

Dominic T. Clarke l Blaney McMurtry LLP

• "Personal and advertising injury" distinguished from "bodily injury" and "property damage"
• Trigger of cover for personal and advertising injury liability
• Definition of "advertisement" under the new CGL form
• Judicial consideration of scope of personal and advertising injury cover in the internet context

Malcolm N. Ruby l Gowling Lafleur Henderson LLP

• Addressing cross border issues
• Structuring the reservation of right letter
• Impact of issues of certification on coverage

• What is new?
• Triggers, late reporting, known losses, application non-disclosure, and innocent co-insureds

• Where are we at?
• Where are we going?

• An update on coverage issues impacting life, accident and disability insurance

• Pre-policy misrepresentation: Full of partial severability
  - Impact of Cutter & Buck
• "Imputation of knowledge" clauses - whose knowledge in the public company voids the policy for entity coverage purposes?
• What "loss" is not covered in pension cases - unjust enrichment claims, securities claims that involve disgorgement - has the Level 3 case had an impact in Canada?
• Allocation: Pre-determined allcoation v. "relatvie risk, relative exposure" - How does it impact on indemnity when settling the case?
• Side A/DIC policies: What do they cover and what coverage issues arise?
• "Wrongful dismissal" coverage on the EPL policy: What is covered, what is excluded, and where are the coverage disputes?
• How broad is EPL Coverage: Applicants for employment, customers of the insured, employees suing - what claims are picked up?
• Investigative costs on derivative proceedings: Are they covered under the D & O policy? Where are the coverage disputes are arising?
• What damage items are covered under a fiduciary liability policy and which items are disputed?
• The "overlap" in coverage between the D & O, EPL and fiduciary liability policy: Does the insured need all 3 policies?

• The many and varied circumstances in which more than one insurance policy will respond to the same loss
• How concurrent causation (eg. Derksen) interacts with overlapping coverage (eg. Family Lombard)
• Similarities - and critical differences - between contribution and subrogation
• How different types of "other insurance" clauses interact with one another
• Key differences between US and Canada
• Similarities - and differences - between overlapping coverage and progressive injury cases

John R. Singleton, Q.C. l Singleton Urquhart LLP

• When should coverage disputes be resolved - before or after the claim is settled?
• What to do if there are multiple policies
• When and how to play the “bad faith” card
• What is the insured’s obligation when insurer denies coverage?
• Resolution methods: Neutrals, mediation, arbitration, litigation

Gregory S. Miller l Lindsay Kenney LLP

• What is "subrogation"?
• How can the insured's contracts waive subrogation?
• How can statutes waive subrogation?
• Who is protected by a waiver of subrogation?

• Effect of non-disclosed or "under-disclosed" values on coverage
• Statements of values: When are they part of the policy?
• Margins clauses, sub-limits and co-insurance

• Poor workmanship/design exclusions
• Defining "your work" and examining exceptions
• Analyzing the "damage to ongoing work" exclusion
• The work/product exclusions: Recent and conflicting cases across Canada