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Fidelity Insurance

The insuring of corporations and financial institutions against fraud-related risks is a specialized and technical area that throws up some of the most difficult issues in insurance law. As Canada’s fidelity industry has grown, so has Halfnight & McKinlay’s capability to provide sound advice and effective representation to its clients in this field. After an early start with smaller fidelity coverages packaged with composite commercial policies, our lawyers have progressed to larger corporate risks and financial institution bond cases that cover the spectrum of size and complexity. At this point, we act for all of the major insurers in this field and handle the largest litigation in Canada involving fidelity issues. We are one of a very small number of Canadian firms that truly specializes in this field. Our practice is international in scope, involving cases and legal work from or in many countries.

Although all lawyers in the firm handle this type of work, the senior partner who leads the effort is Jamieson Halfnight. He acts for and advises the most active insurers in this area and has appeared in major court cases involving fidelity law, including appearing in cases at the Supreme Court of Canada. His expertise is ably complemented by several junior lawyers who are developing expertise in banking recovery work, in addition to coverage concerns.

The volume of case precedents in fidelity law in Canada is not large. To keep up with developing trends and concepts it is vital to be involved with U.S. developments and Halfnight & McKinlay devotes significant resources to this task. Through active membership in the American Bar Association Fidelity Section, networking with and acting for U.S clients, and a biannual seminar for Canadian clients interested in this area, we maintain a leadership position that directly benefits our clients.

 We have extensive experience in, and offer, the following:

a)      coverage advice;

b)      strategic guidance on fidelity issues and claims;

c)      court representation, should litigation become necessary;

d)      specialized applications such as for Mareva injunctions and Anton Piller orders;

e)      recovery work, including subrogation and asset pursuit;

f)        underwriting and policy-drafting advice and guidance.