Nick Krnjevic

Lawyer, Partner


Insurance Law


English, French




Nick Krnjevic is a partner in our Insurance Law Group. His insurance practice includes advising on, and litigating, insurance and reinsurance issues pertaining to primary and excess CGL, E&O, D&O, EPLI, Cyber, Property, Business Interruption and Fidelity coverage.

Nick advises insurance carriers on drafting issues and provides insurance-related commercial leasing advice. He also resolves complex insurance coverage disputes involving the interpretation of a variety of insurance contracts via mediation, arbitration and litigation. Nick has successfully represented insurers and commercial clients before all levels of the Quebec Courts and the Supreme Court of Canada.

His private international law practice includes advising on, and litigating, jurisdiction, choice of law, and enforcement issues. He acts as monitoring coverage counsel in domestic and international litigation and provides private international law-related advice on insurance coverage issues and commercial agreements.

Representative files and mandates

Future Electronics Inc. (Distribution) Pte Ltd. c. Chubb Insurance Company of Canada, 2020 QCCS 3042 — Successfully acted as lead defense counsel in the first Canadian ruling on the interplay between the social engineering fraud, computer fraud, and funds transfer fraud insuring clauses of a commercial crime policy. The insured’s claim for coverage for a multi-million dollar social engineering fraud loss was dismissed.

SOS Remorques inc. c. Énergir, 2020 QCCS 9 — Successfully acted as lead defense counsel in this trigger of coverage dispute, and secured the dismissal of the insured’s claim for defense and indemnity in respect of a seven-figure loss.

Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55 — Successfully defended a firm of tax lawyers before the Supreme Court of Canada in conjunction with another partner and associate from our firm. The team obtained the dismissal of a claim for over $50 million for alleged negligence in corporate structuring and tax planning transactions.

Peracomo Inc. v. TELUS Communications Co., 2014 SCC 29, April 23, 2014 — Successfully represented Royal & Sun Alliance Insurance Company of Canada before the Supreme Court of Canada along with another partner from the firm. The Court recognized that a fisherman who had severed a submarine fiber-optic cable had committed wilful misconduct that allowed the insurer to deny coverage.

GreCon Dimter inc. v. J.R. Normand inc., 2005 SCC 46 — Successfully represented German manufacturer Grecon Dimter before the Supreme Court of Canada. The Court gave effect to the choice of forum clause contained in a contract with a Quebec purchaser. The Court allowed appeal on behalf of Grecon Dimter and concluded that the Quebec courts should have declined jurisdiction.

Stormbreaker Marketing and Productions Inc. c. Weinstock, 2013 QCCA 69 — Represented a Quebec company in a case involving the Quebec courts’ jurisdiction to rule on a breach of his fiduciary duties by an attorney residing in the United States. The Court of Appeal ruled in favour of Nick’s client.

Canadian National Railway Company c. Chartis Insurance Company of Canada (Commerce and Industry Insurance Company of Canada), 2013 QCCA 1271 — Successfully represented the insurer in the case that led to the first Quebec law judgment on the relationship between insureds and insurers involving an excess liability policy with a self-insured retention (S.I.R.) provision.

Velan inc. c. GCAN Insurance Company, 2012 QCCA 1490 — Represented an insurer denying coverage in a product liability claim of over $2 million. The Court of Appeal agreed with Nick’s argument that the loss was not a damage under the policy.

Boiler Inspection and Insurance Company of Canada c. H.A. Simons Ltd., 2011 QCCA 1194 — Successfully defended H.A. Simons and other parties against a claim of over $8 million along with another partner from the firm. The Court of Appeal ruled that there was no de jure subrogation between the excess insurer and the insured, thus denying the claim.


  • Recognized in the Best Lawyers in Canada directory under the Insurance Law and Product Liability categories (2006—present)
  • Recognized in Who’s Who Legal Canada: Insurance & Reinsurance


  • Canadian Bar Association
  • International Bar Association
  • Defense Research Institute: member of the Canadian Law/Cross-Border Issues sub-committee


Quebec Liability Insurance Duty to Defend Update

2 May 2022

After missing the net on his first attempt, the Minister of Finance has scored a goal with his second effort at drafting regulations identifying liability insurance contracts that are exempt from Quebec’s public order “defence in addition to limits” requirement. Overview On May 5, 2022, a revised, long-overdue regulation [Regulation][1] will come into force that […]

Court of Appeal of Quebec: Insurance Policy Arbitration Clause Trumps COVID-19 Class Action

3 November 2021

Multi-tiered “mediation-arbitration” clauses are increasingly popular since they not only offer flexibility in the manner of resolving disputes, but also provide a timely, cost-effective dispute-resolution option that enables the parties to proactively intervene in the early stages of the dispute. The Court of Appeal of Quebec has rendered an important decision that enables insurance companies […]

A Draft Regulation Significantly Changes the Duty to Defend in Quebec

10 September 2021

On September 8, 2021, the Quebec Minister of Finance published in Part 2 of the Official Gazette of Quebec a draft of the regulation [Draft Regulation] that specifies the categories of insurance contracts, and insured parties, that may derogate, in part, from the rules set out in articles 2500 and 2503 of the Civil Code […]

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Publications and Conferences

Nick is the author of:

  • Commercial Insurance Policies, Annotated, Thomson Reuters / Carswell, 1996 (loose-leaf with continuing updating)
  • Residential Insurance Policies, Annotated, Thomson Reuters / Carswell, 1994 (loose-leaf with continuing updating)
  • (Co-author with Prof. Jeffrey Talpis) “The Hague Convention on Choice of Court Agreements of June 30, 2005: The Elephant that Gave Birth to a Mouse”, (2006) 13 J.L. & Trade Americas 1

He also contributes to the following publications:

  • Insurance Risk and Management
  • Lawyers Weekly
  • Développements récents en droit des assurances
  • Répertoire électronique de jurisprudence du Barreau – Droit civil en ligne

His previous speaking engagements include:

  • “Naviguer les complexités des clauses d’assurance”, a lecture recognized by the Quebec Bar’s continuing education programme, given on May 17, 2016, at OpenForumOuvert’s Forum on commercial leases
  • “Developments in Cyber Regulation, Litigation and Insurance”, published in Les récents développements en droit des assurances, 2015, Yvon Blais

He has also been a regular guest speaker for the Canadian Institute and Insight.

Community Involvement

  • American Contract Bridge League: Recorder of Unit 151 (Montreal) – in charge of investigating and appraising allegations of ethical violations
  • McGill legal information clinic: pro bono advisor on insurance issues


Master of Business Administration (MBA)

McGill University


Bachelor of Civil Law and Common Law

McGill University


Bachelor of Arts

McGill University


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