Insurance Defence

 

Insurance Defence

Our insurance defence practice group is led by Ted Charney who has 25 years experience representing property, casualty and commercial insurers. We offer litigation services in the following areas:

  • motor vehicle claims
  • accident benefit claims
  • property damage claims
  • coverage issues
  • fire loss claims
  • homeowners claims
  • subrogation claims
  • insurance fraud
  • policy interpretation
  • CGL commercial defence/coverage counsel

Charney Lawyers is known for our superior and aggressive defence. We thoroughly assess every case and strive to provide the best possible defence.

Our lawyers have been actively involved in the insurance industry. An article written by Ted Charney and Andrew Eckart entitled "Who Controls the Litigation?  Subrogation in the Class Action Context", published in the September and October issues of Without Prejudice magazine. 

The article can be found here and the update here.

Ted Charney was commissioned by the Canadian Coalition Against Insurance Fraud to deliver a report on important legal issues facing adjusters who investigate potentially fraudulent claims.

Read the report here.

 

Our lawyers frequently appear at the Financial Services Commission and have conducted numerous jury trials and have represented insurers in the defence of class actions.

Charney Lawyers has the trial experience and the resources to litigate complicated and large loss claims. We appear frequently before the Court of Appeal and have been counsel on a number of precedent setting insurance law decisions.

Recently, Charney Lawyers represented the plaintiff in a four-week long trial with a $600,000 jury verdict due to the plaintiff's chronic pain syndrome caused by a motor vehicle accident. This is a very high verdict for a chronic pain case.

The trial judge delivered extensive reasons on why the plaintiff met the statutory threshold under the Insurance Act of having sustained a permanent serious impairment of an important physical, mental or psychological function. You can read the decision here.

During the trial, the judge also made a significant ruling on whether the plaintiff's family doctor could provide expert opinion evidence in light of the Divisional Court's ruling in Westerhof v. Gee, 2013 ONSC 2093. In the decision, His Honour considered the effect of Westerhof on the plaintiff's request to call more than three expert witnesses. You can read that decision here.

 

Leading Insurance Law Decisions

Giordano v. Li, 2015 ONSC 3048

This is a cost endorsement following a complex, three week trial for claims involving chronic pain syndrome. We successfully represented the insured. Justice Shaughnessy found that "the plaintiff’s counsel presented a well prepared, organized and efficient case." The total verdict exceeded $900,000.

See the decision here

 

Zurich Insurance Company Ltd. v. Ison T.H. Auto Sales Inc., 2011 ONCA 663

This is a landmark decision of the Ontario Court of Appeal on subrogation.  We successfully represented the insured.  It is the leading case on principles of subrogation and the insured’s right to control the litigation.

See the decision here

Mamaca (Litigation Guardian of) v. Coseco Insurance Co., [2008] O.J. No. 2508 (Div. Ct.)

We successfully represented the insurer on allegations of bad faith.  It is the leading case on litigation privilege and piercing privilege where allegations of bad faith are made.

  See the decision here

McNaughton Automotive Limited v. Co-Operators General Insurance Company (2008), 95 O.R. (3d) 365

We successfully represented the insurers (Security National Insurance Company, Primmum Insurance Company, Coseco Insurance Company and T.D. General Insurance Company) on a class action to recover insurance deductibles in total loss vehicle claims.  This was a major victory for the insurance industry.

See the decision here

McArdle v. Bugler, 2007 ONCA 659, 87 O.R. (3d) 433

Leading decision of the Ontario Court of Appeal on priorities of payment of tort claims caused by uninsured motorists between automobile insurers and the Motor Vehicle Accident Claims Fund.

See the decision here

Amoa-Williams v. Allstate Insurance Co. of Canada, [2000] O.F.S.C.I.D. No. 93

We successfully represented the insured on a test case to establish criteria for entitlement to medical and rehabilitation benefits and rates for rehabilitation services.  It is a leading case at FSCO and has been followed in over 100 arbitration decisions.

See the decision here

 

For more information please contact: tedc@falconercharney.com
(416) 964-3408 ext. 225

Judicial Endorsements

 

“I find that the plaintiff’s counsel presented a well prepared, organized and efficient case… The medical issues were complex. It involved evidence of psychiatrists, physiatrists, orthopaedic surgeons, occupational therapists, future care specialists, vocational alternatives, forensic accounting and quantification of damages. The jury had to be presented with present valuations of past and future loss of income and projections of future care costs."

 

-Giordano v. Li [Ontario Superior Court of Justice, 2015]

Ted Charney represented the plaintiff in this three week personal injury jury trial securing a $900,000 verdict for chronic pain syndrome.


"Charney... is unquestionably qualified to act as counsel."

 

-Ison T Auto Sales v. Zurich Insurance [Ontario Court of Appeal, 2011]

Ted Charney acted for Ison T Auto Sales i.e. Toronto Honda on the appeal.


"The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group."

 

-Whiting et al v. Menu Foods Income Fund [Ontario Superior Court of Justice, 2007]

Charney Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage.


"Mr. Charney conducted the Applicant's case in an exemplary and efficient manner, which was to the benefit of all concerned, his clients, the insurer and myself alike."

 

-Amoa-Williams v. Allstate Insurance Co. of Canada [Financial Services Commission of Ontario, 2001]

Ted Charney acted for the insured.


 

 

Who you gonna call - Ted Charney
Has your life been turned upside down? We can help.