Non-waiver agreement, emergency measures and renunciation by the insurer

By Chantal Noël, from our Insurance Law Practice Group.

April 13, 2017 — At the onset of an investigation, whenever the insurer has reasons to suspect that coverage may be an issue, it usually requires the insured to sign a non-waiver agreement that will allow the insurer to investigate the situation without jeopardizing its rights. However, could some of the insurer’s subsequent actions amount to renunciation of these rights? This was the question in Haddou c. Alpha (L’) compagnie d’assurances inc., 2016 QCCS 6184, a decision from the Superior Court, district of Québec.

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