Harmon C Hayden is the founder of Harmon Hayden Law with offices in Kamloops and Vancouver, British Columbia. Called to the Bar of the Province of British Columbia in 1983, he served as the Chair of the Insurance Law Group at prominent regional firms before founding his own firm focusing on insurance, reinsurance and complex commercial litigation.
The practice is international in scope with international associations and facilities around the world, coupled with Canadian, Swiss and U.S. passports. The client base includes provincial, national and international insurers and government bodies. The practice includes a wide spectrum of coverage issues, D&O and E&O liability, class actions, construction disputes, product liability, professional liability, commercial and social host liability, recreation risks, landslides and subsidence, institutional liability for sexual abuse, and major loss bodily injury cases.
He has long acted as Chief Counsel for some insurers, advised on global special risks, and continues to act as national coverage counsel in some multi-jurisdictional class action involving commercial E&O, some with claims in the billions of dollars.
He has been recognized as one of the world's leading lawyers in Insurance and Reinsurance and Product liability by Expert Guides. Martindale-Hubbell has recognized him as Distinguished for 20 years. Other recent international accolades include:
- Leading Specialist in Insurance and Reinsurance Law, 2019-Canada, Corporate Excellence Awards.
- Product Liability & Insurance Law Expert of the Year, 2019-Canada, CV Magazine, Canadian Business Awards.
- Most Influential Lawyer of the Year-2018/Insurance & Reinsurance, Corporate Excellence Awards.
He has served as an Adjunct Professor in Insurance Law, Thompson Rivers University, Kamloops, British Columbia. He has also served as a nominee of the Attorney General of Canada on the Minister's Judicial Advisory Committee. He has appeared at all court levels including as counsel in the Supreme Court of Canada in EDG v. Hammer  S.C.R. 459, which was one of a trilogy of leading institutional sexual abuse cases heard at the same time.
He was invited to join the International Association of Defence Counsel in 2018 and presently serves as the Vice Chair of Excess and Reinsurance on the Insurance Committee. He also belongs to the Defence Research Institute and the Canadian Defence Lawyers. Recent publications have appeared in the International Association of Defence Counsel and Expert Guides.
Harmon and his wife manage a small ranch in the foothills of Barnhartvale, raising horses, donkeys and goats. They enjoy golf, windsurfing, skiing, and they travel frequently to London, Switzerland, and around the world.
Advertising Liability in Canada: Blue Mountain Log Sales Ltd. v. Lloyd’s Underwriters, 2019 BCCA 240The Advertising Liability coverage that came into place in modern commercial insurance policies in the 1970’s has been explored and clarified in many cases since it arose, perhaps less so in Canada than in other jurisdictions
An Update on the Family Member Exclusion Clause: The End of Russian Roulette in Policy InterpretationIn my paper, “The Family Exclusion Clause: The Search for Ambiguity”, published in Expert Guides/Insurance and Reinsurance, London, UK, in August 2017, I commented on the British Columbia Supreme Court decision in Gill v. Ivanhoe Cambridge, 2016 BCSC 252
The standard wordings in a commercial general liability policy (CGL) will frequently read as follows:
Bodily Injury and Property Damage Liability
To pay on behalf of the insured those sums which the Insured shall become legally obligated to pay as damages because of:
Consider the following: The insurer has issued a standard homeowner's policy to the insured. A developer is engaged in building a new house on adjacent property. In the course of so doing, a large amount of earth and rock is placed on the adjacent property. As is often the case, this volume of...