Insurance Law

On July 22, Arch Insurance Limited, represented and defended by RSS, had the insureds’ claim for the reconstruction value of their building damaged following a fire dismissed by the Superior Court in Mathieu vs. Arch Insurance Limited. This judgment addresses questions of great interest in uncommon areas: The application of section 55 of the Charter of […]

In the recent decision Tremblay v. Immeubles Perron Ltée, 2024 QCCA 719, the Court of Appeal underlined the impact of a purchase “at one’s own risk”. The Facts A series of real estate transactions set the stage for the analysis of successive warranties. In March 2003, Immeubles Perron sold parts of a lot to Régis, […]

On May 9, 2024, in Beneva inc. v. Bolduc, 2024 QCCA 589, the Quebec Court of Appeal unanimously confirmed the decision rendered by the Honourable Jean-Yves Lalonde of the Superior Court in Bolduc v. SSQ Assurance, 2023 QCCS 266, which was the subject of one of our previous newsletters. Facts in dispute François Roch (“Roch“) […]

In Lévesque v. Aviva Compagnie d’assurance générale, 2024 QCCS 1570, the Quebec Superior Court (the “Court”) denied an insured’s claim for compensation of the total loss resulting from the collapse of her cottage. This decision should encourage insureds to exercise caution when taking out a specified perils policy which, although less expensive than an “all […]

The Facts In 2009, Louise Champagne (“Champagne“) and her husband purchased a house in Morin-Heights. They obtained a pre-purchase inspection report, which revealed a number of problems: Cracks in the foundation, one of which posed a risk of water infiltration; A lack of adequate flashing between the balcony structure and the exterior walls, posing a […]

In Intact Compagnie d’assurance v. Lavoie, the Court of Appeal of Quebec ruled that an insured who was already being completely defended by several of its liability insurers lacked the legal interest to compel another of its insurers to contribute to defence costs. The decision stands for the proposition that an insurer cannot use the insured […]

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 […]

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 […]

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 […]

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 […]