Insurance Law

Insurance Law / Newsletters

March 30, 2023

Is Standard Mortage Endorsment a Shield for the Creditor?

The scope and protection afforded to a mortgage creditor by the standard mortgage endorsement was again analyzed by the Court of Appeal in Roma Capital inc. 2023 QCCA 307. It should be noted that in this decision rendered on March 7, 2023, the Court of Appeal was hesitant since the decision was rendered on a […]
Insurance Law / Newsletters

March 17, 2023

The Strict Standard Applicable to the Exclusion Clause for Suicide

On February 3, 2023, in Bolduc v. SSQ Assurance, 2023 QCCS 266, the Superior Court once again reminded the insurance industry that strict compliance with the rules governing the drafting of exclusion clauses, particularly in the case of suicide, is essential to avoid unfortunate consequences for insurers. The Facts in Dispute On November 23, 2006, […]
Insurance Law / Newsletters

March 9, 2023

Where Should You Keep Your Corrosive Cleaner?

The Facts La Capitale was claiming reimbursement of more than $137,000 in compensation paid to its insureds following water damage that occurred in their home on February 2, 2017. La Capitale was thus suing the general contractor who built the residence in 2012, the distributor of the faucet whose flexible pipe failed, as well as […]
Insurance Law / Newsletters

February 27, 2023

The Insured Left Its Imprint

Was there a sufficient insurable interest for this insured whose building housed a printing business owned by a different entity with the same shareholder? On January 12, 2023, the Honourable Dominique Poulin of the Superior Court of Quebec answered this question in a decision on the notion of insurable interest: 9208-9499 Québec inc. c. Royal […]
Insurance Law / Newsletters

February 14, 2023

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 […]
Insurance Law / Newsletters

January 26, 2023

Crisis averted on the Canal!

With unpredictable weather at an all-time high, cities and municipalities are facing increased claims resulting from pedestrian falls. Even on sunny days, cities are not immune from potential risks, as was the case in a recent decision rendered by the Court of Quebec in Unlusoy v. Ville de Sainte-Anne-de-Bellevue 2022 QCCQ 9681. As highlighted by […]
Insurance Law / Newsletters

January 19, 2023

Dangerous “fish and chips”

This culinary specialty of British origin was the focus of a decision of the Superior Court (McKnight v. Promutuel Assurances Boréale, 2020 QCCS 71) confirmed just before Christmas 2022 by the Court of Appeal (Promutuel Assurance Boréale v. McKnight, 2022 QCCA 1735). This decision is interesting with respect to two aspects that we have previously […]
Insurance Law / Newsletters

January 13, 2023

An “Owner Occupant” Home Insurance Requires Actual Occupancy by the Owner

On December 20, 2022, in Dang c. Industrielle-Alliance, assurance auto et habitation inc., 2022 QCCA 1739, the Court of Appeal maintained the Superior Court judgment which was the topic of our bulletin of June 17, 2021 (Homeowner Insurance Policy: The Importance of Living in the Insured Dwelling). The Superior Court Decision Appellant was the sole […]
Civil and Commercial Litigation / Insurance Law / Newsletters

December 14, 2022

Assumption of Risks in Sports: Two Recent Superior Court Decisions

There is a theory in civil liability called “assumption of risk”. This well-enshrined notion is based on the premise that an individual who willingly participates in a risky or dangerous activity and is aware of the inherent risks associated thereto cannot claim damages if he is injured when this risk or danger materializes. Two recent […]
Insurance Law / Newsletters

November 17, 2022

Year-end portrait 2022 — Insurance Law

Profile of Rachel Clément Rachel Clément is a partner, and co-chair of our Insurance Law Group. In addition to conducting her practice and ensuring the group’s leadership, she plays a key role in managing our client relationships, especially with major clients in Quebec and Ontario as well as in London. An active member of the […]
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