insurance  

 

Insurance plays a critical role in the welfare of individuals, businesses and society as a whole. It absorbs shocks created by disaster, illness, and other misfortunes and counterbalances financial uncertainty in turbulent economic times.

Given that many insurer groups have been identified as 'systemically important' financial institutions whose solvency can impact national and global economies, it is not surprising that insurance providers and marketers are more highly regulated than ever before. That is why the industry—and those who depend upon it—require access to legal advice from experienced and knowledgeable counsel.

McMillan's Financial Services Group has an unparalleled depth of experience working with a wide range of insurance sector organizations. We understand the regulatory environment, and the risks and opportunities that operating in the insurance sector brings.

Our lawyers have represented some of the world's largest and most sophisticated insurers, brokers and other industry participants, including adjusters, on all manner of business, regulatory and compliance matters.

McMillan professionals help clients lead by:

  • Executing mergers, acquisitions and corporate reorganizations
  • Securing regulatory approvals for share and portfolio acquisitions, divestitures, amalgamations, related-party and other business transactions (including Competition Bureau approvals)
  • Advising on incorporation and Canada-wide licensing of insurers, agent, brokers and adjusters
  • Advising on corporate governance matters, and creating board and committee charter documents
  • Resolving market conduct issues
  • Advising on operational matters, such as drafting and amending policies, privacy and ecommerce, drafting and reviewing innovative marketing initiatives and dealing with related regulatory challenges
  • Representing insurers, brokers and others before regulatory tribunals and, where necessary, the courts


     
  • Acted for AXA SA in connection with the sale of AXA Canada Inc. and its subsidiaries to Intact Financial Corporation for $2.6 billion
  • Acted in connection with a $2.2 billion offering of common shares of an insurance client structured as a concurrent secondary offering completed on a "bought deal" basis and a private placement to certain institutional investors which, at the time, represented the largest non-government secondary offering and included one of the largest bought deals in Canadian history
  • Acted for one of Canada's largest insurers on three separate insurance company acquisitions, including the acquisition by RSA Canada of GCAN Insurance Company from the Ontario Teachers' Pension Plan Board of the largest P&C acquisitions in Canada
  • Acted on behalf of a U.S. corporation in connection with the Canadian regulatory implications associated with a worldwide acquisition and subsequent business integration
  • Acted for an insurance group in connection with its acquisition of an insurance intermediary specializing in condominium insurance
  • Acted on behalf of a major reinsurer regarding the Canadian portion of the transaction, when it completed the sale of its worldwide reinsurance business
  • Represented various clients in connection with secured debt financings and acquisitions of several insurance intermediaries
  • Acted on behalf of a major Canadian insurer in its acquisition of an insurer and the attendant corporate reorganizations
  • Acted on behalf of a major international insurance intermediary in connection with the establishment of its Canadian operations
  • Acted for several insurers in connection with the purchase and sale of renewal rights in certain specialty lines
  • Acted on behalf of a Canadian insurer in respect of its Canadian reorganization and information technology agreements
  • Represented a major Canadian bank in a transaction involving its investment of up to $500 million in acquiring a leading disability insurance business
  • Acted as Canadian counsel on the acquisition by a U.S. life insurer of the U.S. insurance business of a large Canadian life insurer
  • Acted on behalf of a large life insurer in the development and Canada-wide qualification and maintenance of its segregated fund product
  • Advised on the Canadian aspects of a US$2 billion sale of a life and health reinsurance business
  • Represented a Canadian bank and its insurance subsidiary on three separate life insurance acquisitions
  • Acted in connection with the first public offering of securities in Canada by a property and casualty insurer
  • Acted on the acquisition by a major Canadian insurer of certain specialized P&C product lines and warranty lines
  • Represented Eureko B.V. on the sale of Seaboard Life Insurance Company to Industrial-Alliance Life Insurance Company
  • Acted for Sun Alliance Group plc on the sale of Sun Alliance Insurance Company and Sun Alliance and London Assurance Company (Canada)
  • Represented the Michigan Commissioner of Insurance in connection with the liquidation of Sovereign Life and the insolvency of Confederation Life
  • Advised several U.S. and Canadian clients in connection with the sale and administration of extended warranty programs in Canada
  • Advised the Canadian Life & Health Insurance Association on the statutory duty imposed upon insurers to monitor the conduct of life insurance agents in Ontario in connection with the development of national standards for the screening and reporting of life agents based on their suitability to carry on the business of a life agent
  • Acted as Canadian representative in a bi-jurisdictional task force established by the Michigan Commissioner of Insurance for the purpose of drafting a new Michigan State of Entry Law and a new Michigan model trust indenture for alien insurers
February 2017

Global Legal Group

September 2016

Litigation Bulletin

July 2016
Insurance, Financial Services & Financial Services Regulatory Bulletin
June 2016
March 2016
Employment and Labour Bulletin
February 2016
Global Legal Group
January 2016
Canadian Journal of Insurance Law
TerraLex
December 2015
Insurance Bulletin
December 2015
Insurance Bulletin
December 2015
Insurance Bulletin
December 1, 2015
International Law Office
TerraLex
November 2015
Commercial Times
November 2015
Ultimate Corporate Counsel Guide
October 27, 2015
International Law Office – Insurance Canada Newsletter
October 20, 2015
International Law Office – Insurance Canada Newsletter
October 6, 2015
International Law Office – Insurance Canada Newsletter
September 2015
Mergers & Acquisitions Bulletin
September 2015

International Bar Association
(co-author of Canadian section)

September 2015
Insurance Bulletin
August 2015
Financial Services Bulletin
August 2015
Corporate LiveWire
August 2015
International Law Office - Insurance Canada Newsletter
July 2015
Insurance Bulletin
April 2015
Canadian Underwriter: Canada's Insurance and Risk Magazine
April 2015
Insurance Bulletin
March 2015
Insurance Bulletin
February 2015
Insurance Bulletin
February 2015
Insurance Bulletin
2015

The International Comparative Legal Guide to: Insurance & Reinsurance 2015, 4th Edition

December 2, 2014
International Law Office – Insurance Canada Newsletter
October 2014
Insurance Bulletin
October 2014
TerraLex Connections Newsletter
September 2014
Financial Services Bulletin
August 2014
Corporate LiveWire
August 2014
Financial Services Bulletin
National Banking Law Review
August 2014
Report on the IBA Insurance Committee Substantive Project 2014
Editor of the 2014 Report on The Duty of Utmost Good Faith, a comparative study involving 34 jurisdictions worldwide and co-author of the responses for Canada (Civil Law and Common Law) to the 2014 survey on the topic of The Duty of Utmost Good Faith
International Bar Association (IBA), 2014 Annual Conference, Tokyo, Japan
August 2014
Member of the McMillan Insurance Team who provided the responses for Canada (Civil Law and Common Law) to the 2014 survey on the topic of The Duty of Utmost Good Faith, International Bar Association, 2014 Annual Conference, Tokyo, Japan
May 2014
Insurance Bulletin
May 2014
Insurance Bulletin
April 2014
Insurance Bulletin
April 2014
Insurance Bulletin
April 2014
Insurance Bulletin
January 2014
Insurance Bulletin
January 2014
TerraLex Connections Newsletter
November 2013
Insurance Bulletin
November 2013
Insurance Bulletin
October 2013
Member of the McMillan Insurance Team who provided the responses to the 2013 survey regarding the legal nature of insurance contracts under Canadian Civil Law and Common Law, International Bar Association, 2013 Annual Conference, Boston
October 2013
Led the McMillan Insurance Team who provided the responses to the 2013 survey regarding the legal nature of insurance contracts under Canadian Civil Law and Common Law, International Bar Association, 2013 Annual Conference, Boston
September 2013
Insurance Bulletin
August 2013
Corporate LiveWire
July 2013
Insurance Bulletin
June 2013
Insurance Bulletin
May 2013
Insurance Bulletin
April 2013
Insurance Bulletin
February 2013
Insurance Bulletin
February 2013
insurance bulletin
November 2012
Insurance Bulletin
November 2012
Canadian Insurance Law Reporter, Issue 743
September 2012

Insurance Bulletin

July 2012
Insurance Bulletin
May 2012
Insurance Bulletin
May 2012
insurance bulletin
May 2012
Article written by Frank Palmay & Assunta Di Lorenzo - prepared for CLHIA 2012 Compliance and Consumer Complaints Annual Conference
April 2012
insurance bulletin
March 2012
Insurance & Reinsurance ILO Newsletter
March 2012
Insurance & Reinsurance ILO Newsletter
December 2011
Insurance Bulletin
October 2011
banking and insurance bulletin
International Law Office
International Law Office
June 2011
Internet and E-Commerce Law in Canada, Vol. 12, No. 2
Co-authors:  Stephanie Robinson and Ratika Gandhi
May 2011
International Law Office
March 2011
Insurance Bulletin
March 2011

Client bulletin

March 2011
Banking and Insurance Bulletin
February 2011
International Law Office
February 2011
Corporate Bulletin
January 2011
'ABC's of Insurance' and 'D&O Insurance'
for CCH Ultimate Corporate Counsel Guide
September 13, 2010
Lawyers Serving as Directors Get Less Coverage Despite Extra Premium
Law Times
2010
Corporate Insurance Brief Fall 2010
2010
Co-authored: Frank Palmay and R. Nairn Waterman
Corporate Insurance Brief Fall 2010
May 2010
Co-authored: Frank Palmay and R. Nairn Waterman
International Law Office
2010
Co-authored: Frank Palmay and R. Nairn Waterman
InBrief Winter 2010
December 2009
More Provincial Regulators Might Break with OSFI Over "Insuring in Canada a Risk": ILO Paper
Canadian Underwriter
2009
Lang Michener LLP Corporate Insurance Brief Fall 2009 and Insurance & Reinsurance, International Law Office web site, June 2009
October 2009
Lang Michener LLP Corporate Insurance Brief Fall 2009.
Also published in International Law Office under the title "Insurance Company Mergers: A Regulatory Guide," May 26, 2009.
Also published by ABA Section of Anti-trust Law, Insurance Industry Committee, The Insurance Policy Newsletter, Winter 2009.
2009
Lang Michener LLP Corporate Insurance Brief
Also published in AIRROC Matters, Vol. 5, No. 1, Spring 2009
October 2009
New Rules for Foreign Insurers to Take Effect
Law Times
2009
Lang Michener Corporate Insurance Brief
2009
Lang Michener Corporate Insurance Brief   
2009
Lang Michener Corporate Insurance Brief 
February 2009
Instructions and Guidance on Changes Affecting Foreign Companies Issued
International Law Office Newsletter
January 2009
Alberta Provides Privilege for Self-assessment Programmes
International Law Office & referenced in Canadian Underwriter
January 2009
Proposed Changes to Reinsurance Regulation
International Law Office Newsletter
December 2008
CCH Canadian Limited's Ultimate Corporate Counsel Guide e-newsletter, No. 24
September 2008
International Law Office
2008
Lang Michener InBrief
August 2008
Lang Michener Corporate & Insurance Publication
August 2008
International Law Office
June 2008
CCH Canadian Limited's Ultimate Corporate Counsel Guide e-newsletter, No. 18
April 2008
Special Committees: Risk Management in the Boardroom
Co-authored: Frank Palmay, Jordon Solway, Patrick Bourk
CCH Ultimate Corporate Counsel Guide
Also published in CCH Corporate Brief, Issue 164
December 2007
Oppression – Mitigating the Risks
Co-authored: Frank Palmay, Jordan Solway, Patrick Bourk
CCH Ultimate Corporate Counsel Guide, Issue 12,
Also published in CCH Corporate Brief, Issue 162
December 2007
Oppression – Mitigating the Risks
Co-authored: Frank Palmay, Jordan Solway, Patrick Bourk
CCH Ultimate Corporate Counsel Guide, Issue 12
Also published in CCH Corporate Brief, Issue 162, February 2008
2007
Lang Michener InBrief
Also published in CCH Ultimate Corporate Counsel Guide, Issue 8, August 2007
October 2007
International Law Office
October 2007
Changes for Foreign Insurers: An Update
International Law Office Newsletter
May 2007
Significant Changes for Foreign Insurers on the Horizon
International Law Office Newsletter and Canadian Insurance Regulator Reporter
April 2007
Private Equity Management Risk: An Exposure and Insurance Review
Co-authored: Frank Palmay, Patrick Bourk, Jordan Solway
CCH Ultimate Corporate Counsel Guide, Issue 4
April 2007
Lang Michener Fall InBrief
Also published in Canadian Insurance Law Reporter, April 2007 Issue 676, and CCH Legal eMonthly, May 2007 
2006
ABC's of Insurance Coverage
Co-authored: Frank Palmay, Susan Zabolotniuk, Bruce Webster
CCH Ultimate Corporate Counsel Guide
2006
What Every Corporate Counsel Needs To Know About D&O Insurance
Co-authored:  Frank Palmay, Patrick Bourk
CCH Ultimate Corporate Counsel Guide
2006
Lang Michener InBrief 
Reprinted in Canadian Insurance Law Reporter, Issue 677, May 2007
2006
OSFI Eliminates Most Service Charges
Lang Michener InBrief
January 2006
The Insurance Marketplace
CCH Ultimate Corporate Counsel Guide
2005
Lang Michener InBrief
2004
Lang Michener InBrief 
Also published in Canadian Insurance Law Reporter, March 2007
1998
Draft Regulations for OSFI's Modified User Fee System
Lang Michener InBrief Fall 1998
1998
OSFI to Introduce User Fees and Penalties
Lang Michener InBrief 1998