Judi P. Kennedy
Partner

PRACTICE PROFILE

Judi Kennedy practices in the area of civil litigation with an emphasis on insurance and reinsurance law. She regularly acts as defence, subrogation and coverage counsel for primary and excess insurers and reinsurers under a wide range of policy coverages including professional errors and omissions, D&O, commercial comprehensive general liability, boiler and machinery, course of construction, wrap-up and builder’s risk, business interruption, contingent business interruption, and out-of-province and excess motor vehicle. Her practice includes the defence of product liability and catastrophic personal injury claims. She is experienced in mediation and as counsel at both the trial and appellate levels of the British Columbia court. She has also appeared as counsel before the Supreme Court of Canada.

REPRESENTATIVE EXPERIENCE

Provided coverage and loss management advice in relation to a billion dollar energy loss in Western Canada including protection of privilege, cause and origin analysis, subrogation potential and priorities and settlement strategy;
Acts as coverage counsel in a billion dollar class action in relation to pension rights in the Province of Alberta and involving long tail coverage, multiple insurers and complex issues of defence and indemnity contribution;
Acted as coverage counsel in relation to a multi- million dollar claim by an international mining company to clean up a river after a large mine tailings escape;
Participated as co-counsel in providing coverage and claim management advice to the wrap-up insurer in relation to a multi-million dollar claim arising from alleged construction design deficiencies in a hydro-electric project in British Columbia;
Acted as coverage counsel to the wrap-up insurer of the Ministry of Education of British Columbia in relation to water ingress arising from construction/design deficiencies;
Defended the Italian, US and Canadian manufacturers against a product liability claim arising from fire allegedly caused by their product;
Prosecuted a million dollar subrogation action against the manufacturer of a product which caused fire and related property damage;
Acted as co-counsel at trial for subrogating insurers in multi-million dollar subrogation arising from a propane explosion and fire at a remote BC logging camp; and
Currently acts for excess fleet insurer in defence of personal injury claims exceeding primary limits.

RECENT PUBLICATIONS AND CONFERENCES

“Additional Insureds: Wording Revisions Are Needed", Claims Canada, October/November 2008;
"Primary & Excess Insurers: relationship, rights and obligations" (Vancouver Continuing Legal Education Society of British Columbia - Insurance Law Conference, 2007);
“Coverage Disputes: The ‘Duty’ and ‘Right’ to Defend” (Vancouver: Continuing Legal Education Society of British Columbia, Insurance Law Conference, 2006);
“Protecting and Preserving Privilege” (Vancouver: Alexander Holburn Lunch ‘n Learn Seminar for Industry Representatives and Adjusters, December 1, 2005 and later presented to Claims Representatives of firm client on December 8, 2005);
“Issues in Construction Insurance” (Toronto: Commercial Underwriters Conference, December, 2004);
“Insurance Issues and Developments in Products Liability” (Toronto: Presentation to Commercial Underwriters Conference, April 26, 2004);
“Toxic Mould, First and Third Party Claims” (Vancouver: Seminar presented to Citadel General Assurance Company, November 19, 2003);
“Primary and Excess Insurers’ Rights, Responsibilities and Obligations” (Seminar presented to Claims and Underwriting Department of firm client on November 20, 2002);
“Personal Information Protection and Electronic Documents Act: Overview and Corporate Requirements for Compliance” presented at (Vancouver: Claims Managers Association, Lunch and Meeting, March 7, 2001);
“Proximate Cause Update: Ramifications of Derksen v. 539938 Ontario Ltd.” (Vancouver: Continuing Legal Education Society of British Columbia, Insurance Law Conference 2002);
“Background to Punitive Damages, Principles and Pitfalls” (Seminar presented to Claims Department of firm client on April 4, 2002); and
“Commercial and Social Host Liquor Liability Exposure” (Sun Peaks, British Columbia, Canada West Ski Area Owner and Operators Annual General Meeting, November 4, 2002).