Hugues Duguay

Lawyer, Partner

Expertise

Insurance Law

Language

English, French

Office

Montréal

LinkedIn

 

Hugues Duguay is a partner in our Insurance Law Group. His practice focuses on civil and commercial insurance litigation, particularly in the areas of product liability and professional errors and omissions. He frequently appears before the Superior Court, the Court of Appeal and other judicial authorities in Quebec.

Over the years, he has counseled many insurance companies on the interpretation of property insurance policies, as well as CGL, E&O and D&O liability insurance policies. His clients appreciate his drafting and analytical skills.


Representative files and mandates

  • Advised an engineering firm’s professional liability insurer on the firm’s insurance coverage after it was sued for design flaws in the expansion operations of an iron ore mine in Mount Wright, Quebec.
  • Advised an engineering firm’s professional liability insurer on the firm’s insurance coverage after it was sued for design flaws in power transmission systems in Alberta and Saskatchewan.
  • Advised the liability insurer of a cement manufacturer with respect to insurance coverage in relation to a suit alleging a hidden defect stemming from the presence of pyrhottite in the foundations of several residential buildings in Mont-Laurier, Quebec.
  • Successfully defended a law firm against a malpractice claim for misrepresentation.
  • Represented a concrete manufacturer in one of the largest latent defect cases in Quebec history. This case involved lawsuits alleging the presence of pyrrhotite in several hundred residential properties and commercial buildings in Trois-Rivières, Quebec.
  • Successfully defended a municipal errors and omissions liability insurer against a Wellington application on the basis that a policy excluding coverage for acts of bad faith also excludes a municipality’s rule-making activity. Mont-Tremblant (Ville de) c. Underwriters at Lloyd’s, 2010 QCCA 1911 (CanLII); October 25, 2010.


Honours

  • Listed in The Best Lawyers in Canada under Insurance Law since 2021
  • Named a Litigation Star in the Insurance category by Benchmark Litigation since 2019
  • Recipient of the merit scholarship awarded to the winner of the University of Ottawa’s Moot Court competition, Civil Law Section, 1993


Associations

  • Member of the Montreal Bar’s Liaison Committee with the Superior Court, Civil Division (2017–2020)
  • Member of the Quebec Bar’s Disciplinary Board (2016–present)
  • Certified as an instructor by the Institut d’assurance de dommages du Québec and contributes to the institute as a speaker
  • Speaker for the Young Bar of Montreal’s continuing education program


Publications and Conferences

  • Speaker, “L’arrêt SNC-Lavalin c. Deguise: questions d’assurance” (SNC-Lavalin v. Deguise: insurance issues), Développements récents en droit des assurance, Quebec Bar continuing education activity, December 3, 2021
  • Co-authored with Nathalie Boulanger, “Obligation de défendre de l’assureur responsabilité : les cas justifiant un partage des frais de défense” (A liability insurer’s duty to defend: cases justifying shared defense costs), Développements récents en droit des assurances, vol. 467, p. 109, Éd. Yvon Blais, Montreal
  • Co-author, Le contrat d’assurance de dommages et le contrat de réassurance : sujets choisis (Property and casualty insurance contracts and reinsurance contracts: selected topics), LexisNexis, 2015
  • “Développements récents en droit des assurances” (Recent developments in insurance law), RSS conference approved as a continuing education activity by the Bar of Quebec, June 18 and 19, 2014
  • “Relation locateur/locataire: qui paie en cas de sinistre?” (The Landlord/tenant relationship: who pays in the event of a claim?), RSS conference approved as a continuing education activity by the Bar of Quebec, June 15 and 16, 2011
  • Co-authored with Nicholas J. Krnjevic, “Les clauses d’assurance dans les baux commerciaux : tendances et contrastes dans la jurisprudence au Québec et au Canada” (Insurance clauses in commercial leases: trends and differences between Quebec and Canadian case law), Développements récents en droit des assurances (2010), Bar of Quebec Continuing Education Program
  • “L’assurance des risques découlant des vices de construction et des vices cachés” (Insurance against risks from construction defects and latent defects), Young Bar of Montreal, June 9, 2010
  • Co-speaker with François Duprat, “L’assurance de la responsabilité des administrateurs et dirigeants d’entreprises” (Directors’ and officers’ liability insurance), Institut d’assurance de dommage du Québec, November 2 and 5, 2009


Education

Master of Laws (LL.M.)

New York University School of Law

1995

Bachelor of Civil Law (LL.B.) Cum Laude

University of Ottawa

1993


Call to Bar

Quebec

1997