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Keith is a litigator who focuses his practice on the insurance industry. He provides insurance coverage opinions, defends insurance coverage actions and defends insurance broker's errors and omissions claims. Keith has defended numerous insurance broker's errors and omissions claims for major insurance brokerages and professional liability insurers. Claims have involved questions of coverage and interpretation under many forms of policy including:
commercial property
homeowners
general liability
professional liability
marine
fidelity
surety
entertainment
livestock
automobile
Keith defends coverage claims under property and liability policies, and defends insurance coverage disputes generally, including monitoring of mass tort and institutional sexual abuse claims.
He provides coverage opinions on insurance policies including:
property
general liability
and professional liability, including monitoring of coverage and defence issues involving actions under such policies.
Keith has acted before all levels of court in Ontario at trial and appeal, and has acted on leave applications to the Supreme Court of Canada as applicant and respondent.
Other experience includes drafting and review of policy wordings including general and professional liability forms and endorsements.
Experience
1604945 Ontario Inc. v. Lloyd’s Underwriters, [2010] ILR 1 4969 – upheld absolute asbestos exclusion in commercial policy, the first decision in Canada on such an exclusion.
Clausen v. Royal & Sun Alliance Insurance Company of Canada (November 9, 2004 – Ont. SCJ) – upheld sexual abuse exclusion in homeowner’s policy.
Re Laidlaw Inc. (2003), 46 CCLI (3d) 263 (Ont. SCJ) – successfully obtained order for first come first served distribution where known claims exceeded policy limits.
Thompson v. Warriner (May 7, 2002 – Ont. CA) – Upheld abuse exclusion in commercial policy.
Alie v. Bertrand, [2003] ILR I-4146 (Ont. CA)(appeal – coverage) – a leading CGL insurance decision in Canada on property damage and triggers of coverage involving delayed manifestation of property damage, as well as contribution between primary and excess insurers.
Alie v. Bertrand (2001), 30 CCLI (3d) 159 (Ont. CA)(appeal – liability) leave to appeal to the SCC refused, [2001] SCCA No. 418.
Alie v. Bertrand & Freres Construction Co. (2000), 30 CCLI (3d) 166 (Ont. SCJ)(trial – liability and coverage).
Author, “Class Actions in Canada are on the Rise,” Canadian Insurance Top Broker, May 2011 (with Tim Buckley and Cheryl Woodin)
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Author, “Marijuana” Exclusion Upheld on Appeal, Spring 2011
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Author, BLG’s Canadian Insurance Law Newsletter: “Class Actions and the Insurance Industry,” Fall 2011 (with Tim Buckley and Cheryl Woodin); “Marijuana” Exclusion Upheld on Appeal, Spring 2011; “A Survey of Some Recent Ontario Coverage Cases,” Spring 2010; “A Survey of Some Recent Ontario Coverage C...
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Author, BLG’s Canadian Insurance Law Newsletter: “A Survey of Some Recent Ontario Coverage Cases,” Spring 2010;
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A Survey of Some Recent Ontario Coverage Cases 2009
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Author, “Supreme Court Clarifies the Test for Use and Operation of Motor Vehicles in the Third Party Context,” Winter 2008 (with Karen Hamilton
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Author, “Ontario Court of Appeal Clarifies When ‘Other Insurance’ Clauses will Come in to Play,” Canadian Journal of Insurance Law, September 2007
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Author, “Ontario Court of Appeal Clarifies When ‘Other Insurance’ Clauses will Come in to Play,” Canadian Journal of Insurance Law, September 2007.
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Ontario Court of Appeal Provides Definitive Guidance on the Standard Form 'Criminal Act' Exclusion
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Contributing Author, “Insurance Broker Liability” chapter in Business Interruption Insurance, Canada Law Book, 2004, and 2nd Edition, 2006 (Editors: S.L. Gosnell, B.J. Webster and J.S. Seigel)
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Contributing Author, “Insurance Broker Liability” chapter in Business Interruption Insurance, Canada Law Book, 2004, and 2nd Edition, 2006 (Editors: S.L. Gosnell, B.J. Webster and J.S. Seigel).
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Abuse Coverage: Missing Policies and Coverage Trigger
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Author, “An Overview of Some Significant Insurance Issues in the Sexual Abuse Context,” Canadian Risk & Insurance Managers Society Conference, October 2004
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Author, “Punitive Damages Awards in Insurance Cases: Where is Canada Headed?” American Bar Association Coverage Journal, July/August 2003 (with Peter R. Braund)
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Ontario Court of Appeal Delivers its Insurance Decision in the Now Famous Concrete Case – Alie v. Bertrand
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Update: Alie v. Bertrand
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Mid-Term Coverage Reductions Will Not be Effective Without the Insured's Agreement
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Author, “Duty to Defend Claims Arising out of Intentional Conduct – The View From Canada,” American Bar Association Coverage Journal, July/August 2001.
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Author, “Liability of Insurance Brokers: An Overview and Focus on Additional Insureds in the Construction Context,” June 2000
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Liability of Insurance Agents and Brokers: An Overview, Some Recent Cases of Note and Practical Tips for Prevention
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General E & O Overview and Practical Tips for Prevention
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'Claims Made and Reported' Language Upheld - Stuart v. Hutchins
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Member, Canadian Risk & Insurance Managers Society
Member, Insurance Institute of Ontario
Awards & Recognitions
Recognized in the 2024 edition (and since 2009) of The Best Lawyers in Canada (Insurance Law).
Recognized in the 2022 edition of Who's Who Legal: Canada (Insurance & Reinsurance).
Recognized in the 2023 edition (and since 2013) of The Canadian Legal Lexpert® Directory (Litigation – Commercial Insurance).
Recognized in the 2021 edition of Lexpert Special Edition: Litigation
Bar Admission & Education
Ontario, 1990
Completed Joint Committee on Foreign Accreditation requirements,
Université de Windsor, 1988 (received Board of Governors Medal for ranking first in 1987-88 academic year)