Insurance Law

A recent decision of the Superior Court of Quebec (Perron v. Famille Marie-Jeunesse, 2023 QCCS 1719) provides some insight into when an insured may compel a liability insurer to take up its defence when the insured is already being defended by another insurer. It also provides an example of circumstances where the principle that a […]

On July 11, in Bourdages v. Ivari, 2023 QCCS 1688 (CanLII), the Superior Court considered the impact of an undisclosed change in the state of health of an insured taking out a life insurance policy, which occurred between the submission of the application and the effective date of the policy. Background to the dispute On […]

One will recall the catastrophic events of the evening of April 27 2019 when a dike collapsed in Sainte-Marthe-sur-le-Lac flooding a large neighborhood causing catastrophic damages to property. But was this loss covered by the residential policy issued by La Personnelle? That is the question the Superior Court attempted to answer in the matter of […]

The Civil Code of Quebec places a heavy burden on manufacturers. But can it be reversed? This question was addressed by the Superior Court in a judgment rendered on June 6, 2023 by the Honourable Suzanne Hardy-Lemieux in AIG Insurance Company of Canada et al v. Mécano Mobile R.L. inc. et al, 2023 QCCS 1935 […]

An Important Decision in Product Liability and the Obligations of Diligence and Transparency The Court of Appeal recently rendered a decision in CCI Thermal Technologies Inc. c. AXA XL (XL Catlin), 2023 QCCA 231, concerning the liability of the manufacturer and the apportionment of liability between the parties. This case involved twenty separate fires caused […]

On March 28, 2023, the Superior Court of Quebec partially granted a motion to dismiss the case, dealing with the notions of legal subrogation, conventional subrogation and prejudice. This judgment, Gouvernement de la Nation Crie / Cree Nation Government c. 9327-1781 Québec inc., 2023, reminds us that it is essential for a non-insurer to agree […]

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 […]

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, […]

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 […]

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 […]