What Does a Toronto Insurance Defence Lawyer Do?

A Toronto insurance defence lawyer specializes in legal defence work on insurance-related matters. He develops and implements strategies in accordance with Canadian insurance laws to protect client interests in legal proceedings and also focus on long-term efforts to help reduce aggravation and the risk of litigation.

Some insurance defense attorneys work for law firms that provide legal help to insurance companies, providing legal representation to regional or local insurance policy holders.
Others practice their field as in-house staff attorneys in the legal department of the insurance company itself, working on analyzing coverage issues, managing litigation and handling insurance compliance issues.

The laws surrounding insurance defense involves a wide range of legal issues relating to insurance policies and claims. These issues may generally involve homeowners,real estate properties, general contractors, subcontractors, motor vehicles, businesses, environmental, governmental, consumers, professionals as well as comprehensive general liability matters.

A Toronto insurance defence lawyer may cover some of these common practice areas:

Motor vehicle accidents
Occupiers' liability
Professional negligence
Medical and professional malpractice
Product liability
Recreational vehicle accidents
Property loss
Fire claims
Construction defects
Reinsurance
Catastrophic loss
Bad faith
Personal injury cases, such as disability, defamation and mold exposure
Insurance fraud
Labor and employment
Toxic torts

There tends to be very high volume work involved in insurance defense. For associates, the work typically includes finding and modifying standardized policy language, studying documents, researching and scrutinizing cases, interpreting and clarifying policy language, and examining methodically and in detail the state regulations that govern the business of insurance. A new lawyer in an insurance defense firm would likely be involved in litigation by draft pleadings, motions, and written discovery. Experienced trial lawyers are fully capable of analyzing and executing defence strategies that deal with complex and specialized facts and information. In many instances, they handle legal cases that may involve the use of technical, medical and scientific evidence which they are qualified to navigate carefully and without difficulty.


Insurance defense is primarily focused on disputes between insurers and policyholders. In a typical situation, an insurer will hire an insurance defence lawyer to defend the policyholder (the insured) against complaints brought by a third party usually with allegations that the policyholder has caused the third party to suffer bodily injury or property damage. The defense attorney will help uncover if the insured defendant has any legal responsibility to a third party, and if at fault, then the lawyer will also help determine how much is accountable.

One good example of an insurance litigation case may involve an insurance defense attorney representing an auto policyholder who is in need of counsel and defense from another driver who is suing the policyholder for damages. A skilled lawyer may greatly help in obtaining more favorable settlement terms for the insured and the insurance company.


Another good example is a flood damage claim made by a homeowner who has homeowner’s policy that does not include flood coverage. Insurance defence lawyers are called in to examine whether the claim being made is covered in the terms of the insurance policy and to uncover cases of insurance fraud and false claims.

A Toronto insurance defence lawyer often works exclusively for insurance companies to zealously represent their policyholders. It is the insurance company and not the policyholder who pays the attorney’s fees whenever there is need for representation to challenge a claim, and it is for this reason that many policyowners worry about whether the attorney is actually working to protect his best interest or that of the insurance company. If you get involved in an insurance dispute, make sure that you understand your legal rights and and that you get fair and equal legal representation that is due to you as policyholder.

What Do Commercial Litigation Lawyers Do?

Commercial litigation lawyers specialize in providing legal representation to clients who are involved in disputes relating to commercial or business law, whether it be in the country or in a foreign jurisdiction. These professionals work primarily to resolve disputes in favor of the business client and look out first for the best interests of the company.

They have special knowledge on federal laws and how to make these laws work to protect the rights of businesses and to impose obligations on businesses.

Commercial litigation deals exclusively with handling disputes arising between businesses. The issues involve business matters, not personal issues, such as a personal injury or family law matters.

Some types of commercial litigation include:

• Insurance litigation
• Employment discrimination
• Contractual litigation
• Construction disputes and defects
• Real estate disputes
• Malpractice claims
• Corporate governance claims
• Sexual harassment claims
• Business torts and crimes
• Franchise issues
• Shareholder issues
• Partnership disputes
• Business dissolutions
• Debt collection

Commercial litigators often resolve disputes on behalf of business and professional clients using cost-effective and expedient strategies, such as litigation, arbitration, the negotiation of an out-of-court settlement, or other suitable methods for specific circumstances. Their involvement goes as far as helping business clients decide whether it is necessary to pursue a legal matter in court and making recommendations on the best and the quickest resolution to meet their legal needs.

In many cases, commercial litigation lawyers prefer to handle disputes through negotiation and settlement, and try to to resolve issues before either party has to go to court. This out of court negotiation may involve a cash settlement, or it might involve the lawsuit just being dropped by one party if there is not enough argument to help establish and prove a case. There are many cases too that compel business litigation attorneys to go through the process of filing, pursuing, and defending against lawsuits in the state or federal court in order to obtain a positive verdict at trial for their business clients.

Every company goes through upsets and challenges in the typical business lifecycle. Some challenges may be minor, while others may turn into major disputes that can adversely affect a company's ability to do business and may cause fatal damage to the bottom line. Critical situations, such as those relating to financing, warranty, and contract issues require the need to bring in the targeted skills and knowledge of commercial litigation experts.

An experienced attorney can provide timely legal counsel on a wide variety of business dealings, such as a new contract, a compliance matter, an executive hire, a merger or acquisition, a patent dispute, or other routine and pressing matters. They can also take care of paperwork, contracts, and financial forms that the company needs to deal with. For business startups, an experienced business attorney can be very helpful in making critical decisions to ensure that all important details are done properly from the start so as to to avoid problems down the road.

Should your company become embroiled in a commercial dispute that must be resolved by the courts or by an arbitrator, it is critical to seek legal advice from commercial litigation lawyers at the earliest possible time. Prompt action lessens the risk of the dispute dragging out and escalating to the higher court and will likely result in a more satisfactory and positive outcome for all parties involved.