Knowledge Centre

Growing of Marijuana– Aggravation of Undisclosed Risk – Building Destroyed by Fire – Ab Initio Nullification of the Insurance Policy – The Nominee has no Insurable Interest – The Insurer’s Right to Cancel a Contract

April 2018 Donati Maisonneuve, Quebec

El-Ferekh v. Intact, compagnie d’assurances, 2017 QCCS 4077

The issue in this dispute is the validity of an insurance policy issued to the plaintiff, Robbie El-Ferekh (“the Insured” or “Robbie”) acting as a nominee on behalf of his brother, Steven. Following a fire under nebulous circumstances, Intact (“the Insurer”) invoked Robbie’s lack of an insurable interest in addition to false declarations made at the time of underwriting the risk to support the ab initio nullification of the insurance contract.

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