Insurance Law

Whenever damage occurs in a condo building, the directors of the syndicate should first make sure to exhaust all possible remedies against the syndicate’s insurer before filing a claim against a co-owner. Such is, after all, the purpose of the syndicate’s insurance policy. This newsletter discusses a recent judicial decision in Syndicat des copropriétaires du […]

While for some the pre-purchase inspection is essential when purchasing a home or building, others feel it is of little use considering the various limitations to the inspector’s mandate. Marika Douville explains basic notions on inspections, then discusses them in light of the decision of the Superior Court in 9125-5216 Québec inc. c. Sogevem Associés […]

In the recent matter of Fortier c. SSQ, société d’assurances générales inc., 2018 QCCS 1495, the Superior Court analyzed the provisions of the Civil Code of Quebec pertaining to the Insured’s obligation to disclose all relevant circumstances for the assessment of risk, when said circumstances relate to the criminal record of a third party residing […]

The recent decision in Compagnie d’assurances Missisquoi c. Constructions Reliance inc. (Construction Reliance du Canada ltée), 2018 QCCS 1049, was the occasion for the Superior Court to clarify the scope of application of wrap-up and Completed Operations Hazard policies. Click here to read more (PDF).

In a recent decision (Fiset-Trudeau c. Compagnie mutuelle d’assurances Wawanesa, 2017 QCCS 5071), Madam Justice Florence Lucas held that an insurer’s notes and records, as prepared by its representatives, were subject to the litigation privilege and that, accordingly, the insurer could not be compelled to disclose them. Click here to read more (PDF).

November 1, 2017 — In CNH Industrial Canada Ltd. c. Promutuel Verchères, société mutuelle d’assurances générales, 2017 QCCA 154, the Court of Appeal confirmed that the purchaser of a property stricken with a latent defect, who sues the professional seller or the manufacturer, benefits from a triple presumption against the latter: presumption that there is a […]

Marcel-Olivier Nadeau examines a recent decision from the Supreme Court of Canada that sheds light on the prescription applicable to an indirect victim’s right of action. Click here to read more (PDF).

In Intact, compagnie d’assurances c. Ville de Montréal (2017 QCCS 3753) rendered on June 26, 2017, the Superior Court had to determine whether the City of Montreal firefighters had committed a gross fault, thus preventing the city from invoking the exemption of liability provided for in section 47 of the Fire Safety Act (CQLR c […]

On June 20, 2017, the Court of Appeal of Québec confirmed that an insured cannot invoke solicitor-client privilege to refuse to provide its insurers with legal opinions upon which it relied to settle a claim in which it was a defendant (Chubb Insurance Company of Canada c. Domtar inc., 2017 QCCA 1004). In 1998, Domtar […]

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 […]