There are two types of cases listed in the document: lawsuits being defended by the Department of Justice and lawsuits that have been referred to the GNWT's insurer. The second category involves areas of liability potentially covered by the GNWT's insurers, which are routinely referred immediately to the insurer, upon either the GNWT's becoming aware of a potential claim, or when a statement of claim is served on the GNWT. When a statement of claim has been served, the insurer appoints its own legal counsel to defend the claim.
Our insurers are currently dealing with 13 actions which involve the GNWT as defendant. The allegations range from failure to maintain infrastructure, to failure to regulate activities and enforce GNWT statutes. The total dollar amount of the various plaintiffs' claims is not specifically stated, as these would normally be quantified and proven at a trial, or quantified and substantiated for the purposes of any settlement. In each claim, if there is any liability found, the maximum exposure of the GNWT would be $5,000, representing the deductible amount payable under the GNWT's liability insurance policies.
Since October 1991, the GNWT's insurers have negotiated only one out-of-court settlement, in regard to a single motor vehicle accident on a GNWT highway. The amount of the settlement is not disclosed, in order not to prejudice the GNWT's insurers with respect to any future claims.