Amanda Kostek, Partner
My primary area of specialty is subrogation and large property losses, professional indemnity, and specialty lines of insurance. When clients turn to me, they know they are going to see their file moved forward in an efficient and well-organized manner, with a results-oriented focus.
As the Subrogation Group Practice Chair at CBM, I am frequently engaged to lead subrogated recovery strategies on complex, multi-party losses. I advise on issues such as waiver of subrogation, covenants to insure, priority of insurance, and limitation risks to ensure recovery rights are preserved and effectively pursued.
Whatever type of file I am working on, I never lose sight of what is best for my client. I work hard to find the right solution and try to make use of alternative dispute resolution whenever possible. If an agreement cannot be reached, my clients can also count on my trial experience at both the Court of King’s Bench and Provincial Court.
I am the writer and editor of Case Bites, a weekly review of court decisions that impact the insurance industry. I am also a frequent contributor to Risk Management Counsel of Canada’s insurance law presentations and publications.
Throughout my career, I have provided mentorship to up-and-coming lawyers as both a past Articling Student Principal and through initiatives spearheaded by the Law Society of Alberta. From 2023 to 2025, I was a mentor with the Law Society of Alberta’s Mentor Express Program, and I have volunteered with the Law Society of Alberta’s Mentorship Program since 2025.
In my personal life, I serve as the President of my local Constituency Association, and in 2026 I was appointed to the Arbitration Committee for a political organization.
Whether in my work or personal life, my goal is always to ensure the best results for all stakeholders involved.
Bio Bites
- Called to the Bar of Alberta – 2007
- University of Alberta: Bachelor of Laws (with Distinction) – 2006
- University of Alberta: B.Comm. (with Distinction) – 2003
- Member of the CBM Sustainability Committee
- Member of the CBM Associates Committee
- Member of the executive committee of CBA Insurance Law Section – 2010-2017
Judgement Highlights
Condominium Corporation No 0840294 v Oakley, 2023 ABKB 668, a successful hearing with respect to the interpretation of waiver of subrogation clause.
Condominium Corporation No 062 1161 v Park Place Communities Ltd., 2023 ABKB 373, a case addressing limitations and whether ongoing issues with a condominium ‘warrant bringing a proceeding’.
Condo Corp No. 1023525 v. Carlisle, 2022 ABQB 209, a Trial decision from Justice Mah with respect to whether a property developer should be held liable in negligence for the deliberate and criminal actions (arson) of an unknown third party on their property resulting in damage to neighbours.
The Owners: Condominium Plan No 982 6403 v. CPI Crown Properties International Corporation, 2018 ABCA 232, a Court of Appeal decision concerning the restoration of an appeal and security for costs on appeal.
Robinson v. Lewis, 2015 ABQB 385, a decision from Justice Yungwirth dismissing a claim against a homeowner brought in negligence, under the Occupiers’ Liability Act, and pursuant to Social Host liability as a result of an assault that occurred at a New Year’s Eve party.
Gordon v. Taylor, 2014 ABQB 11, a decision from Justice Ross confirming that there is no right to videotaping CMEs.
Rances v. Scaplen, 2008 ABQB 708, decision from Justice Neilson involving two tractor trailer units and a Greyhound Bus collision near Grand Prairie. Issues addressed included the duty of a common carrier and the liability split between drivers encountering fog on the highway.