T. 604.643.3135 E. npk@cwilson.com Education Bachelor of Laws Dalhousie University, N.S., 1980 Bachelor of Arts Degree (BA) Memorial University, N.L., 1977 George Watson s College, (Highers), Edinburgh, Scotland, 1974 Employment Clark Wilson LLP (Barristers & Solicitors), Vancouver, BC, Partner (1991 Present) (22 years) Practice almost exclusively in the area of insurance law including: Acting for insurers and insureds in the defense of third party liability claims in the areas of property damage and injury claims, professional errors and omissions (E&O), products liability and class actions, directors and officers claims (D&O), and environmental matters; Coverage counsel for both insurers and insureds respecting first party property losses and third party liability claims, disability insurance claims, contribution claims between primary and excess insurers; Acting for insurers in respect of subrogated loss recovery actions; Acting for brokers in disciplinary and licensing proceedings before the Insurance Council of BC; Drafting/revising policy wordings for insurers, brokers and MGA s; Acting as counsel or arbitrator in coverage arbitration proceedings; Chair of Insurance Litigation Practice Group for past 22 years; Member of firm s Executive Committee for 10 years. Capilano University, Vancouver, BC (2008 Present) (5 years) Sessional Instructor, Insurance Law and Legal Ethics courses in the Legal Studies Degree Program Parlee McLaws LLP (Barristers & Solicitors), Edmonton Calgary, AB (1980 1991) (11 years) Articled student, associate and partner in insurance litigation department; Nigel P. Kent CV Page 1 of 5
Acting for insurers and insureds in the defense of third party liability claims in the areas of property damage and injury claims, MVA claims, professional errors and omissions (E&O), and products liability; Coverage counsel for both insurers and insureds respecting first party property losses and third party liability claims. Memberships, Affiliations & Distinctions Member, Law Societies of Alberta (since 1981) and British Columbia (since 1991) Elected Member, International Association of Defense Counsel (since 1999) Member, BC Civil Trial Lawyers Association Member, Canadian Bar Association (Insurance and Civil Litigation subsections) Sessional Instructor, Capilano University (since 2008) Lecturer/presenter for Continuing Legal Education Society of BC (Insurance Law), the Insurance Institute of Canada, the BC Insurance Brokers Association, BC Risk and Insurance Managers Assoc., and BC Claims Managers Assoc. Recognized in Canadian L Expert and Best Lawyers in Canada directories as a leading insurance counsel (based on peer selection) and profiled as Trusted Counsel in Canadian Insurance Magazine (2009) Sample Publications 2013 2012 Bad Faith Litigation: Tactical and Procedural Considerations, Insurance Law Conference 2013 (Vancouver: Continuing Legal Education Society of BC, 2013) (with Jordan Watson) Product Liability in Canada: A Brief Review, USLaw Magazine, October 2013 (with Jordan Watson) The Role of an Insurance Adjuster in Property Insurance Claims (Vancouver: Clark Wilson LLP, 2013) Regulation of the P&C Insurance Industry and Claims Handling in Canada: A Brief Overview, (USLaw Conference, Tucson, AZ, April 2013) BC s New Insurance Act: Making the Transition to the New World Order, (Vancouver; Canadian Bar Association (Insurance Subsection), October 2012) (with Raman Johal) Discovery of Documents Under Supreme Court Civil Rule 7 1: Technical and Evidentiary Conundrum, 70 Advocate, 703 712 Nigel P. Kent CV Page 2 of 5
2011 2010 2009 2008 Are Successful Denials for Unreported Material Changes in Risk a Thing of the Past?, (Vancouver: Canadian Insurance Claims Managers Association 2012) The Art and Science of Policy Interpretation: A Review of Supreme Court of Canada Decisions in the Past 30 years, Insurance Law Conference 2011 (Vancouver: Continuing Legal Education Society of British Columbia (with Oliver Hanson) Excluding Exclusions: The Role of Reasonableness in the Interpretation of Insurance Policies Insurance Law Conference 2011 (Vancouver: Continuing Legal Education Society of British Columbia (with Marlisse Silver Sweeney) The Preparation of Expert Reports to be used in a Civil Lawsuit: A Guideline for the Expert Witness (Vancouver: Clark Wilson LLP, 2011) (with Raman Johal) Juggling Ethics: Joint Retainers and the Professional Obligations of Insurance Defence Counsel, 28 Can. J. Ins. L1 10, (2010) The Truth, the Whole Truth and Nothing but the Truth: Misrepresentation, Non Disclosure and the Insurer s Duty to Inquire, Insurance Law Conference 2009 (Vancouver: Continuing Legal Education Society of British Columbia, 2009) (with Jonathan Hodes) BC Court of Appeal Decided (And Dismisses) Its First Liability Insurance Bad Faith Case, (2009) 27 Can. J. Ins. L. 12 14 (with Krista Prockiw) Recent Trends in Resolving Overlapping Coverage Disputes, (Vancouver: Clark Wilson LLP, 2009) (with Steve Donley) Directors and Officers Liability: A Review of Exposures and Coverages Available Under D&O Policies, Insurance Law Conference 2008 (Vancouver: Continuing Legal Education Society of British Columbia, 2008) Consolidated British Columbia Insurance Statutes and Regulations, (Markham: Carswell, 2008) (with Larry Munn) Surprise Surprise!: Applying BC s Mandatory Minimum Auto Coverage to Out Of Province Insurers, Personal Injury Practice 2008 (Vancouver: Continuing Legal Education Society of British Columbia, 2008) Nigel P. Kent CV Page 3 of 5
2007 2006 Insurance Bad Faith Litigation: Recent Developments and Interesting Issues Arising from the Supreme Court of Canada Decisions in Whiten and Fidler, Insurance Law Conference 2007 (Vancouver: Continuing Legal Education Society of British Columbia, 2007) Mould Claims in Canada: Property and Liability Insurance Issues, (Vancouver: Clark Wilson LLP, 2007) The CGL Policy and the Additional Insured Endorsement in Canada, Insurance Law Conference 2006 (Vancouver: Continuing Legal Education Society of British Columbia, 2006) 2005 and Prior Arbitration of Commercial Disputes: A Primer for the Trial Lawyers Association of BC (Vancouver: BCTLA, 2005) Strata Insurance Deductibles: A Summary of the Law in BC, (Vancouver: Clark Wilson LLP, 2005) Bad Faith Litigation Against Insurers: A Survey of Canadian Case Law, (Vancouver: Clark Wilson LLP, 2005) A Commentary on the Auto Insurance System in BC, Ontario Auto Insurance Conference (Toronto: Insight, 2003) Uneasy Alliances: The Relationship between ICBC and Excess Liability Insurers in BC Insurance Law Conference 2002 (Vancouver: Continuing Legal Education Society of British Columbia, 2002, updated 2010) First Party Mold Claims in Canada: Much Ado About Nothing But Proceed with Caution, Construction Law Conference 2002 (Vancouver: Continuing Legal Education Society of British Columbia, 2002) (with Valerie Dixon) Out of Province Insurers and Excess Insurance, BC Motor Vehicle Accident Claims Practice Manual (Vancouver: Continuing Legal Education Society of British Columbia, 2001) Tort Immunity: Covenants to Insure and Waivers of Subrogation (1998) 16 Can. J.Ins.L.35 52, (updated 2006) Preventative Paperwork: Non waiver Agreements, Reservation of Rights Letters and Defence of Claims in Questionable Coverage Situations (1995) 13 Cans J. Ins. L 53 79, updated 2005 No Fault Benefits in British Columbia: Must Out of Province Auto Insurers Pay the Same as ICBC (Insurance Corporation of British Columbia) (1995) 17 Advocates Q. 276 299 Nigel P. Kent CV Page 4 of 5
MVA Claims in BC: A Manual for Out of Province Claims Examiners, (Vancouver: Clark Wilson LLP, 1995, revised annually) Non Waiver Agreements and Reservation of Rights Letters, Insurance Claims and Coverage Issues (Vancouver: Continuing Legal Education Society of British Columbia, 1995) The One Year Limitation Period for Suing on Property Policies: When Does it Start to Run? (1995) 13 Can. J. Ins. L. 92 93 A Commentary on Selected Aspects of Personal Injury Litigation, (1992) 3 C.I.L.R. 195 237 Nigel P. Kent CV Page 5 of 5