Cody F. Dolgay

A partner in our Litigation & Dispute Resolution Group, Cody maintains a broad civil and commercial litigation practice that focuses primarily on litigating commercial disputes and claims involving professional negligence, director and officer liability, and construction loss. He also has experience litigating a wide variety of breach of contract, fiduciary duty, negligence, and intentional tort claims. Given the nature of his practice, Cody is experienced acting on behalf of for-profit and not-for-profit corporations, general contractors, subcontractors, public and private owners, and professionals across a variety of industries. 

With a unique specialty in insurance law, Cody has become Torkin Manes’ go-to insurance law lawyer, as is the lead for the firm’s Insurance Coverage sub-practice group. He advises policyholders on intricate first party coverage claims, with a particular focus on property, equipment, stock, business interruption, crime and fidelity, aviation, marine and cargo, cyber, export receivables, by-law coverage, and builder’s risk. This includes acting in claims presentation, preparing complex Proofs of Loss, and litigating coverage denials. Cody advises clients on insured transactions in the mergers and acquisitions space, and assists clients in bringing complex claims under representation and warranty policies in the event of a breach.  Cody’s work doesn’t end when a claim is paid, and he assists clients in pursuing uninsured losses, often in conjunction with carrier subrogation.

With strategic advocacy and technical acumen, Cody frequently represents clients on complicated liability coverage disputes, both at the claims level and in litigation. This includes acting as coverage counsel for policyholders, and acting as insurer-engaged defence counsel for sophisticated commercial insureds. His practice also includes acting as monitoring counsel for clients involved in complicated litigation with potential excess-limits exposure, reserved coverage rights, or substantial self-insured retentions.

When coverage under a client’s policy may not be available, Cody is able to assess the effectiveness of a policyholder’s brokerage, and he is experienced in negotiating with and litigating against brokerages and their insurers in order to fill the coverage gaps as the situation may dictate.   

Cody also advises for-profit and not-for-profit organizations on various issues related to their civil liability exposure and insurance portfolios, particularly in the general, professional, directors and officers, entertainment, and entity management liability context. He regularly prepares indemnity agreements, liability waivers, and risk mitigation policies for these organizations. His experience includes advising significant international third-party adjusting firms, commercial insurance brokerages, and Managing General Agents with respect to a variety of claims investigation, underwriting, and risk management issues, including with respect to liability and underwriting regulations.

In addition to his strong advocacy skills, clients have consistently praised Cody for his pragmatism, strategic mindset, and responsiveness – qualities that have contributed to the success he has experienced in not only helping clients overcome critical challenges, but also achieving favourable results on their behalf.