Newsletters

311

The boat disappears: the claim sinks!

Updated on August 2, 2023

Following the dismissal of his appeal by the Quebec Court of Appeal, Mr. Desmeules Beaumont filed an application for leave to appeal to the Supreme Court of Canada.

On June 22, 2023, the Supreme Court of Canada dismissed Mr. Desmeules Beaumont’s application for leave to appeal, thereby confirming the decision of the Quebec Court of Appeal.

***

Was it a theft or was it a fraud?

This was the question the Quebec Court and the Court of Appeal had to answer in the matter of Christian Desmeules Beaumont v. Société d’assurance Beneva inc. (2023 QCCA 50 (2021 QCCQ 7298). An insured (“the insured”) claimed the amount of $38,303 from its insurer who refused to indemnify him following the loss of a boat due to a fraudulent scheme. 

The insured owned a “Runabout Triumph” pleasure boat. In the spring of 2019, he agreed to the terms of a sale with a buyer for a price of $23,000. In the hours leading up to the trade-in, the buyer informed him that he had mandated a trusted carrier to pick up the boat and to pay the insured. A few days later, the situation took a turn for the worse when the bank where the insured had deposited the money informed him that the amount would be withdrawn from his bank account because the bank draft that had been given to him was counterfeit. The insured sought indemnification from his insurer, who denied coverage.

Court of Quebec decision

The issue in this case was whether the insurance policy covered the loss described above.

The Court proceeded to analyze the policy, which covered “all risks directly affecting the insured property, subject to the exclusions and limitations of this contract”. The Court had to determine whether, in these circumstances, the loss of the boat could be considered direct damage to the property covered by the policy.

To do so, the Court based itself on the Court of Appeal decision of Commerce & Industry Insurance Co. of Canada v. Giovanni Management Ltd. and distinguished between the notion of theft and fraud. The difference between these two concepts lies in the victim’s intention to dispose of the property. In the case of theft, the victim will not have voluntarily surrendered the property, unlike in the case of fraud.

In this case, however, the situation was more akin to fraud, since the insured had voluntarily handed over the boat to the buyer in exchange for a sum of money. Although the boat was obtained dishonestly, the fact remains that the boat was voluntarily given to the buyer and that the sale did not include a reservation of ownership until full payment was made.

Consequently, the insured’s loss was not directly related to the boat, but to the sum of money that had been given to him. Thus, the Court concluded that the insurer was justified in denying coverage on the basis that the loss was not directly linked to the insured property.

Court of Appeal Decision

In a brief decision, the Court of Appeal noted that the leading case on this issue is Commerce & Industry Insurance Co. of Canada v. Giovanni Management Ltd. It concluded that the insured had failed to demonstrate that its situation was different from the case before the Court in the above-mentioned decision.

Indeed, according to the Court of Appeal, although said decision was rendered in 1985, the underlying logic derived from it remains valid and still governs the interpretation of the insurance policy at issue. The Court of Appeal therefore confirmed the decision of the Court of Quebec which had dismissed the insured’s action.

311

Articles in the same category

Was the collapse natural?

In the recent decision Weber v. Société d’assurance Beneva inc., 2024 QCCS 622, the Superior Court reiterated the principles applicable in a dispute over the application of an insurance policy and its exclusions. Brian Weber and Fiona Buell were suing their insurer, Société d’assurance Beneva inc. (“Beneva”), asking that Beneva indemnify them for damage to […]

Defending an injunction and punitive damages? Yes, says the Court of Appeal!

On April 18, 2024, the Court of Appeal of Quebec (the “Court”) rendered a judgment of prime importance in Promutuel Vallée du St-Laurent, société mutuelle d’assurance générale v. Noyrigat-Gleye, 2024 QCCA 447, concerning the duty to defend claims for injunctive reliefs and punitive damages. The Court also seizes the opportunity to indicate in which cases […]

Is it transported? Is it stored? You may have to defend!

In the recent decision Intact Compagnie d’assurance c. Entreprises Transkid inc., 2024 QCCS 16, the Superior Court of Quebec (the “Court”) was tasked with determining if a global transportation insurance policy providing civil liability insurance coverage in respect of goods transported by truck could extend to temporary storage. The Facts This matter concerns the theft […]

Handling Of Claims By Insurers – Reminder Of A Few Principles

On February 12, 2024, the Court of Appeal rendered an interesting decision in a dispute between Société d’assurance Beneva Inc. (“Beneva”) and its insureds1. Origin of the dispute and judgment of the Superior Court The legal action was initially brought before the Superior Court by the insureds2, as a result of Beneva’s refusal to indemnify […]

Is Loss Of Enjoyment A Covered Loss?

The Court of Quebec recently ruled on this issue in Long BÉ Express Limited v. Service Routier ML Inc. and Intact Insurance Company. In the context of a “Wellington” Motion, Service Routier requested that its insurer take up its defence and assume its costs in the lawsuit brought by Long‑BÉ Express Limited. Service Routier offered […]

Even Judicial Discretion Has its Limits

On January 25, 2024, in the Liquidation de Groupe Dessau inc., the Superior Court of Québec rejected a settlement approval request in the context of the voluntary liquidation of several entities of the Dessau-Verreault-LVM Group (“Dessau“). This judgment addresses the limits of the discretionary powers of the court in voluntary liquidation matters. Overview of the […]