Our insured was retained to excavate a site. They hired a third-party locating company to locate underground pipes. The third-party company erroneously identified the pipes by 150 meters. This resulted in the pipes being struck, releasing natural gas into the environment.
Leak in a casket resulted in a fire at the insured's location. This caused damage to a tank and clean-up costs of almost $1M.
Fire occurred at an auto wreckers shop arising out of work performed by the insured on a third-party site. Chemicals leaked into the creek behind the auto wrecker shop, which fed into a larger river. Matter resulted in Ministry Of Environment involvement and third-party liability.
Matter arose out of an oil spill on a client's driveway due to a leak from the truck, resulting in clean-up costs.
The insured, a manufacturer and distributor of medical materials, faced numerous demands as a result of a recall of certain products manufactured by them. The Berkley claims team, along with panel counsel, resolved the demands.
Th insured, a manufacturer of massage products, faced suit alleging personal injury due to a certain product used in muscle relaxation. Berkley Claims retained experts to opine on the product and the potential misuses. The matter settled at mediation.
A complaint was filed with the College of Optometrists of Ontario against our insured, an optometrist, alleging failure to diagnose glaucoma. Berkley Claims was able to assist with the response to the College resulting in no further action taken against the insured.
A complaint was filed against the insured, a Registered Massage Therapist, by their mother in-law alleging the insured was impaired while massaging clients and stealing from them as well. Berkley Claims assisted the insured with a response to the complaint and the College determined not to take further action.
A complaint was filed against the insured, a Registered Massage Therapist, for alleged sexualized touching a client during massage therapy. Although the College initially filed an interim order preventing the insured from practicing until resolution, Berkley Claims with panel counsel argued it was not warranted and the College reversed its decision.
Suit was filed against our insured, a sonographer, alleging failure to diagnose an unborn child with a rare condition and depriving the plaintiff the opportunity to terminate the pregnancy.
A complaint was filed against the insured, a Registered Psychotherapist, alleging the release of irrelevant information with respect to a claim arising out of a motor vehicle accident. Although a waiver was signed confirming medical information could be released by the insured, the claimant asserted the information shared was not appropriate. Berkley Claims and the panel counsel responded to the complaint and the College did not take further action against the insured.
The insured, a private medical clinic, faced suit by a patient alleging misdiagnosis and receiving medication that resulted in significant side effects. Berkley claims, with it's team of medial experts and panel law firm, brought other responsible parties into the action and apportioned liability on the matter.
The insured, who had filed for bankruptcy, faced a class action filed in Ontario and Quebec alleging misrepresentations. Berkley Claims, in navigating the bankruptcy proceedings, including claims for unpaid taxes, wages and outstanding contracts, was able to successfully settle the matter and reduce further exposure for the directors and/or officers.
The insured, a non-profit housing co-op managed by a board of directors comprised of volunteers, faced a wrongful dismissal case brought by a former employee. Damages sought by the Plaintiff were for over $150,000. Berkley Claims effectively engaged panel counsel and was able to settle the matter well below the damages being sought.
The insured, specializing in automation, was named in a wrongful death suit in the US, together with other numerous parties, alleging the defective design of an assembly line. The matter ultimately settled during trial
The insured, a water treatment manufacturer and consulting company, faced a $2M negligence suit from a client over a boiler breakdown. Other parties named included the boiler installer and conditioning company. Berkley Canada Claims paid assessed and apportioned liability among the parties, leading to a final resolution.
TA suit was filed against our insured, a tile distributor and manufacturer, for design and construction deficiencies in commercial office buildings, with potential damages exceeding $1M. Berkley Canada paid $160 000, and the matter was settled for significantly less through early resolution strategies.
Insured did not close jobsite properly. A curious pedestrian, walking too close, slipped into a 10ft excavated section resulting in injuries. The pedestrian bought a $2 million injury claim against our insured.
Two years after completion, it was discovered that the window system used during construction was allowing water to infiltrate the building. Mold was later detected, and faulty installation was part of the issue. The cost was shared between the General Contractor and the manufacturer of the windows. The General Contractor did not have pollution coverage for mold and paid over $900 000.
A mechanical subcontractor was awarded a $2M contract to build a new commercial refrigeration system. The subcontractor developed drawings which were signed off by the licensed engineer; however, the system failed. The owner brought a $5M claim against the subcontractor who third partied the licensed engineer. The subcontractor E&O covered $2M and the licensed engineer’s insurer contributed $3M to settle the claim.
General contractor completed the construction of a new apartment rental building. Within 12 months of tenants’ occupancy, it was discovered two dozen toilets were leaking severely into below floor ceilings and surrounding drywall because they were not installed properly. This cost the building owner to incur $250,000 to rip and tear. Building owner brought a property damage claim against the general contractor.
A masonry contractor performed a renovation project at a historic building and was sued by employees of a nearby office building. The claimants asserted that they were exposed to silica dust coming from the job site. Claimants reported damages for bodily injury asserting that required measures were not used to prevent or minimize dust emission during the project.
A street & road contractor was hired to re-pave a 25-mile section of highway. During the project, one of the contractor’s dump trucks accidentally backed into and ruptured a mobile refueling tank. 300 gallons of diesel fuel was released onto the surface and migrated into a nearby storm drain.
Claims can be reported online here, emailed to [email protected], or faxed to 416-304-4108.
Once a claim is reported, it will be immediately assigned to an industry focused, dedicated claim expert. Your claim expert will reach out to you within 24 hours of assignment.
Your Berkley Canada claim professional is the best contact person to provide on-going updates on your claim. You can reach them by email, phone, or by calling us at 416-304-1178 or 1-877-304-1178.
