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Whitelaw Twining Law Corporation

Our Expertise

  • Overview
  • Bodily Injury
  • Business Loss
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  • Insurance
  • Local Government
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Key Contacts 
  • Richard C. Twining, Q.C.
  • William G. Neen
  • John A. Vamplew

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OUR BUSINESS LOSS GROUP

Claims for business loss can be among the most difficult that an insurer will face. They will often raise complex issues relating to coverage, misrepresentation of risk, other applicable insurance, quantification of loss and may also present issues with respect to the scope of the insurers and the insureds’ duties of good faith.

The Business Loss Group is experienced in working with claims specialists, senior independent adjusters, forensic cause and origin experts and business loss consultants to bring about early resolution of these complex claims and to preserve opportunities for recovery of indemnity through the subrogation process.

Our Services

Whitelaw Twining has over 30 years experience as a trusted advisor to insurers on the resolution of difficult coverage issues. Attention is paid to the following questions:

  • Whether the loss falls under the Property Policy or the Boiler and Machinery policy;
  • Whether the risk was properly represented at the time of application;
  • Whether the loss was caused by an ‘accident’ as defined by the terms of the policy;
  • Whether any of the exclusions within the policy apply to the loss;
  • Whether the insured has acted consistently with the policy terms and conditions;
  • Whether any economic loss and loss of future opportunity is covered under the terms of the policy;
  • Whether there is ‘other insurance’ which is applicable to the loss

Forensics

The outcome of coverage issues and of subrogated claims often depends critically on the determination of forensic issues surrounding the ‘cause and origin’ of the loss. It is particularly important that the right expert is able to view the scene as soon as possible after the loss. Whitelaw Twining maintains a detailed database of specialized forensic consultants and endeavors to retain the most appropriate expert for the specific loss.

Quantification of Loss

Whitelaw Twining has extensive experience in working with independent adjusters and with senior accountants in the quantification of consequential business loss. Familiarity with accounting concepts and forms of corporate bookkeeping and financial statements is essential for the proper evaluation of claims for business interruption and loss of business opportunity. In addition to working with recognized experts in business evaluation Whitelaw Twining maintains a database of individuals with specialist experience in particular types of industries who can provide insights into the workings of specific businesses.

Subrogation

Investigation of business loss should always be undertaken with consideration of possible future subrogation on behalf of the client. Care must be taken during evaluation of both ‘case and origin’ and ‘quantification of loss’ that evidence is developed and preserved for future use as a basis of a subrogated claim. Whitelaw Twining has over 30 year experience in cost effective pursuit of subrogated claims on behalf of insurance clients.

For more information, please refer to Whitelaw Twining’s Subrogation Group.

2400 - 200 Granville Street   Vancouver, BC V6C 1S4   604.682.5466 © 2010 Whitelaw Twining Law Corporation. All rights reserved.
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