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Fire and property loss claims present distinctive challenges and in recent years have led to very significant awards. This program offers a rare opportunity to insurer’s counsel and to general civil/tort/personal injury litigators who are already involved in these cases, or who wish to explore the practice opportunities they present.

Topics covered include:

  • What’s distinctive about fire and property loss claims?
  • The Insurance Policy: Key passages and their potential impact
    • What is covered?
    • The declaration page
    • Amount of coverage
    • Type of coverage
    • Exclusions
    • Warranties and endorsements which limit coverage
    • Limitation periods
  • Proof of loss and the adjustment process
    • Valuation methods (‘replacement value’, appraisals)
    • Evidentiary issues, including use of experts
    • Loss of residential property and ALE (alternate living expenses) coverage
    • Working with the adjuster/negotiating with the insurer
    • Role of the Public Adjuster where the claim is not denied by the insurer
  • The scope of available defences
    • Misrepresentation of material facts alleged against insureds
    • Material changes in risk
    • ‘Post-loss underwriting’ by insurer
    • Insurance fraud, etc.
  • Limitations issues
  • Inadequate insurance coverage and the liability of insurance brokers
  • State of the law on aggravated and punitive damage awards
  • Ethical and professional issues for plaintiff’s and insurer’s counsel



  • Alf Kwinter, Singer Kwinter
  • Alexander B. Paul, Black Sutherland LLP
  • Anthony J. Bedard, Lerners LLP
  • Deborah Berlach, Stieber Berlach LLP
  • Roger H. Chown, Carroll Heyd Chown LLP
  • Frank Gomberg, Gomberg Mediation Solutions Inc.
  • Jason F. Katz, Singer Kwinter
  • David D. LeBlanc, Licensed Adjuster & Vice President (Toronto Office), National Fire Adjustment Co., Inc.
  • Stephen MacDonald, Stevenson Whelton MacDonald & Swan LLP
  • Barry B. Papazian Q.C., Papazian Heisey Meyers
  • John J. Pirie, Baker & McKenzie LLP
  • Steven Rastin, Rastin & Associates Professional Corporation
  • D.Keith Smockum, Smockum Zarnett LLP
  • Robert E. Sugar, Malach Fidler Sugar + Luxenberg LLP
  • Lynn Turnbull, Black Sutherland LLP
  • Paul Tushinski, Dutton Brock LLP
  • Gary R. Will, Will Davidson LLP


Group Discounts and Financial Assistance

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.  For financial assistance, please email financialaid-opd@osgoode.yorku.ca

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.


The video stream, including a link to the program materials will be sent to you via email as soon as payment is successfully processed.


All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.


Have a question? Read our FAQs.

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - On Demand

Date Recorded
April 4, 2017
Running Time


Fee per Delegate

$595 plus HST

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Eligible CPD Credit Hours


Who Should Attend

  • Civil litigators
  • Insurance professionals including senior adjusters

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