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Legal Expense Insurance

When someone files a lawsuit against your company, contractors or employees, you have to decide whether you have the means to fight back. On average, a lawyer with 10 years of experience may charge up to $300 CAD per hour, and unfortunately, mounting legal costs may prevent contractors from enforcing their rights and defending themselves. Legal expense insurance makes seeking a lawyer the right decision every time.

What is Legal Expense Insurance?

LEI policies are designed to protect the policyholder (your company) in the event that you have a claim brought by another party or when your company brings the claim.

Legal expenses insurance comes in two basic types: Before-the-Event and After-the-Event. BTE insurance is more standard and recommended because it covers unforeseen legal events. ATE insurance, on the other hand, is most commonly purchased as soon as the contractor retains an attorney.

Legal expense insurance helps businesses without the budget to pursue litigation obtain affordable legal representation against regulatory and defective workmanship charges, consumer protection laws and other legal events. Protect your business's budget and supervisory staff from unexpected legal costs.*

Why is Legal Expense Insurance Needed?

One of the construction industry's biggest challenges is recruiting and retaining supervisory employees. Job site supervisors, foremen and other employees often worry about the legal risks they face from regulatory enforcement. After all, many construction contracts involve a substantial sum of money, much of which can become forfeit when construction companies cannot pursue their rights.

In Ontario, Bill 88, the Working for Workers Act, opened the door to lawsuits against general contractors. The bill allows third parties to file lawsuits against general contractors and employees for up to two years after detecting a violation. A construction business may have multiple overlapping projects, and one lawsuit can disrupt the company's ability to complete those projects due to outstanding fees and legal costs.

To aid construction companies, HUB EasyInsure, FENN & FENN Insurance, Thurston Consulting Services Inc., ARAG Legal Solutions Inc. and a panel of construction industry associations worked together to develop comprehensive legal expense insurance solutions.


Steve is the owner of a landscape contracting business. One day an employee suffered a significant worksite injury when his arm got caught in a salter. Steve immediately called the ARAG Legal Helpline to begin the claims process to defend himself and his business during a Provincial Health and Safety investigation. ARAG assigned a lawyer, and upon review of the incident details, Steve acknowledged that his business would have to pay a fine.

The assigned lawyer attempted to settle what they believed was an appropriate fine of between $15,000 to $25,000. However, the Crown attorney would not budge from a minimum fine of $32,000. Since the Crown attorney would not settle, the case went to a provincial offences court hearing, where it was ruled that Steve's business would pay a fine of $28,000. Steve was pleased with the results because his business paid less than what the Crown was holding firm on. With legal expense insurance, his business saved over $18,000 in legal fees.

The Benefits of Legal Expense Insurance

Legal expense insurance in Canada provides qualified defence counsel for a variety of charges, including Occupational Health and Safety regulation charges.
Defence counsel coverage for supervisory staff improves retention and sets you apart as an employer of choice.
You get unlimited access to a Legal Helpline staffed by qualified lawyers to access confidential legal assistance and information that affects your business in any province or territory.
Helpline lawyers are available from 8:00 am to midnight local time and are available 24/7 in an emergency.
You could receive $100,000 or $200,000 limits of coverage for an assigned lawyer's time and related legal expenses.
Protection can be purchased online – avoid the hassle of paperwork!

*For full details of coverage, including conditions, exclusions, limits of indemnity and deductibles that may apply, please read the policy wordings. ARAG Legal Solutions Inc. is the Canadian market leader and Managing General Agent specializing exclusively in Legal Expense Insurance. All our policies are underwritten by HDI Global Specialty SE.

Get a quote today and have confidence your legal rights are being protected!


ADDITIONAL COVERAGE FEATURES

Legal Expense Insurance for the construction industry goes beyond defence counsel for Occupational Health and Safety charges. It helps manage your company’s legal risks for:
This covers disputes relating to an alleged statutory breach under human rights legislation.

Claim Example: An employee, Max, recently let go, is now suing for wrongful dismissal based on gender and is pursuing legal action and damages through the provincial human rights tribunal. A lawyer will be appointed to defend the business and cover legal costs from the first legal dollar spent.

This covers the defence of the insured when they are being prosecuted for a highway traffic or motor vehicle offence.

Claim Example: While rushing to get to work on time, Patil was pulled over for driving 30 km/h over the posted speed limit. Legal representation will be provided to defend Patil in traffic court and cover legal costs from the first dollar spent.

This legal expense insurance defends against the revocation, suspension or non-renewal of an operating or business licence.

Claim Example: A municipal licensing body has suspended George's operating licence for his business. Although a written notice of reasons was provided, the opportunity to respond was denied. A lawyer will be assigned to appeal the decision.

This covers pursuing legal action relating to trespass or legal nuisance or if a third party causes physical damage to business property.

Claim Example: Sanjay's business is in a large business complex. Employees of a neighbouring business are using his parking spaces, leaving his employees and customers with nowhere to park. His business is suffering as a result. A lawyer will be appointed to take legal action to address the business's problem.

This is coverage to pursue an insured's legal rights following a specific or sudden accident that causes their death or bodily injury.

Claim Example: David attends an offsite meeting. On the way to a meeting, David trips and falls due to an unsafe city sidewalk. A personal injury lawyer will be appointed to represent David to bring legal action against the city.

This covers responses to a business-related tax audit or tax appeal in relation to income tax, GST, PST, HST or payroll deduction.

Claim Example: The Canada Revenue Agency is auditing Bo's business expenses and demanding an on-site review of their records. A tax lawyer and/or tax accountant will be assigned to assist with the audit.

Legal expenses insurance covers a qualified lawyer's hourly rate from the first dollar spent. It also covers court, medical reports, expert witness fees and any adverse costs a judge may order your business to pay if you lose your case.

How much does coverage cost?

Legal expense insurance is affordable because it's based on how many full-time and/or seasonal employees you have on your payroll. There are also reduced rates for companies with a Certificate of Recognition for Health and Safety Practices. Get a quote today to save money, time and stress while knowing your company and your supervisory employees have ample legal protection.



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