Keith Batten

Avocat-conseil principal

[email protected]

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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.



  • 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. 

Beyond our Walls

Professional Involvement

  • Member, Canadian Bar Association
  • Member, American Bar Association
  • Member, The Advocates' Society
  • 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)
  • LLB, B.Comm., University of Melbourne, 1984