Loss Transfer and Priority Disputes

We defend statutory accident benefits claims on behalf of our insurer clients, both through the court system and through private arbitration.

Our loss transfer and priority dispute practice group has specialized expertise in representing clients in arbitrations involving inter-company disputes that deal with priority issues, which involves the ranking of insurers to pay accident benefits under the Insurance Act. The group also represents clients on loss transfer matters, a mechanism by which automobile insurers that pay no-fault benefits may be reimbursed by another insurer for all or part of an accident benefits claim. Our practice group co-chairs, Nathalie Rosenthall and Peter Durant, are available to answer any questions you may have on a priority or loss transfer matter.

Our expertise has led us to act on seminal cases argued in private arbitration, the Ontario Court of Appeal, and the Supreme Court of Canada:

Zurich Insurance Co v. Chubb Insurance Co.

Intact Insurance Co. of Canada v. Lombard General Insurance Co. of Canada

Lanark Mutual Insurance Co. v. Nordic Insurance Co. of Canada

Allstate Insurance Co. v. Kingsway General Insurance Co. and CAA Insurance Co. / Preliminary Issue (Private Arbitration)

Unifund Assurance Co. of Canada v. Dominion Insurance Co.

S.G. and Unifund Assurance Co of Canada

Royal & SunAlliance Insurance Co. v. Axa Insurance Co. 2015 ONSC 217

Unifund Assurance Co. v. Wawanesa Mutual Insurance Co. / Preliminary Issue (Private Arbitration)

Co-Operators v. Perth Insurance, Aviva Insurance, Intact Insurance and TD Insurance

Allstate and State Farm and Alfrred (OIC Appeal P96-00015)

ING Insurance Company of Canada v. The Insurance Corporation of British Columbia

Pilot Insurance Co. v. Zurich Insurance Co. (Private Arbitration)

ING Insurance Co. of Canada v. TD Monnex Meloche

Intact Insurance Co. v. The Co-Operators General Insurance Company (Private Arbitration)

Chen v. Kingsway General FSCO Decision A97-000931

Kingsway General Insurance Co. v. Intact Insurance, 2011 ONSC 5024

Zurich v TD General Insurance Company (2016) SCC 36803

Aviva v State Farm (2016) SCC 36867

Zurich Insurance Co. v. Chubb Insurance Co. of Canada, [2015] 2 SCR 134, 2015 SCC 19

Zurich v. Aviva (private arbitration), April 1, 2007

Co-Operators v. Zurich (private arbitration), September 27, 2005

Royal & SunAlliance Insurance Co. of Canada v. TD General Insurance Co. (Private Arbitration)

Intact Insurance Co. v. Marianayagam / Appeal Variation Expense, FSCO P09-00028V

Enterprise Rent A Car v. ING Insurance Co. of Canada (Private Arbitration)

Please scroll through the list of our Loss Transfer and Priority Disputes lawyers.