: Insurance Seminar 2011

November 4, 2011
Halifax, N.S.

"That Settles It!" Mediation Hints and Tips with Craig Garson

Hear from Craig Garson about why you need mediation and how you can't afford not to go.

Concussion – A Real Headache

Head injuries have long been a type of injury dealt with by the claims industry. Is the recent media attention and increased concern over concussion fact, fad or fiction? What level of force is required? Does the manner of collision of the head matter? Does the head have to be actually struck? Hear from Dr. James Funk, a biomechanical engineer from Biodynamic Research Corporation in San Antonio, Texas on the biomechanics of head injury and concussion, and from Dr. David King, neurologist in Halifax, Nova Scotia on developments in medicine to identify and understand concussion and its aftermath.

Atlantic Canada Case Law/Damages Update

A review of recent court decisions relevant to the handling of insurance claims in Atlantic Canada including personal injury awards.

Multi-party Litigation

Multiple parties add complexity to any matter - often to the benefit of the plaintiff, or the defendant truly responsible for the loss. Regardless of the merits or risks of the case, multiple pockets bring expectations of bigger payoffs from counsel who know the projected legal costs will often result in insurers chipping in to "get rid of the claim". This session will address options and strategies for multi-party litigation, including discussion of Mary Carter and Pierrenger agreements as well as the limitation periods you need to know to preserve claims for contribution or indemnity from a third (or fourth, or fifth) party.

This is your Life!

A review of recent court decisions relevant to the handling of life and disability claims in Atlantic Canada.

Pre-Litigation Evidence Gathering

The most crucial evidence is often what is gathered on the day of the incident and/or loss, or shortly thereafter. This session will provide details of what you can do to make sure your files are ready if and when defence counsel is required.

Co-ordination of Benefits: If saving money is wrong, I don't want to be right

What's in and what's out? How are claims for loss of income calculated in each province? This panel will make sense of the rules for collateral benefits and will provide practical tips on calculating claims from those who are receiving benefits from a variety of sources (e.g., WCB, EI, LTD, CPP, section B).

Avoiding Pitfalls in Defending Marine Liability Claims

Federal maritime law applies to resolution of a broad spectrum of injury, property damage, pollution and commercial claims and, in many ways, differs from the provincial law and common law with which you likely work on a regular basis. We’ll highlight and explain those important differences so you will be well prepared and won’t be caught by surprise.

b4 U DL TMI…
(AKA Before you Download Too Much Information…)

Let us tell you about the implications of technology and privacy in today's litigation. We'll touch on recent privacy law from New Brunswick, disclosure obligations, and the use of technology for evidence both in and outside the courtroom.

Lunch with Q & A

Senior litigators from each province will answer questions from the audience.
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