We have been retained by a wide range of property, liability, E&O, D&O and EPL insurers to partner with them in developing wordings suitable for use in Canada.
In the areas of property policies we have advised domestic Canadian insurers on the suitability of warranty language, clarifying exclusionary language and refinements in policy wording given unique Canadian liability exposures that dictate a modified wording. We have been involved in crafting wordings for unique underwriting problems as diverse as potential problems stemming from “grow ops” to restrictions in coverage for Canadian securities claims in the context of D&O claims.
For the past five years our firm has become extensively involved in policy wordings for E&O, EPL and D&O insurers, the latter both in the “for profit” and “non profit” markets. This includes the adaptation of U.S. and UK policy wordings for modification and use in Canada, adapting policy exclusions in view of substantive differences in comparable Canadian law, dealing with suitable forms for entity coverage, allocation and expanded coverage for employment practices liability. Our firm has developed complete policy wordings and substantially modified existing forms for over a half dozen leading D&O insurers. In addition, we have been retained to modify unique endorsements for truly facultative risks that pose unique risk management issues.