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  • Legality and Enforceability of a Mediation and Arbitration Clause in an Insurance Policy: Where do we Stand?

    December 03, 2021 – In 9369-1426 Québec Inc. (Restaurant Bâton Rouge) c. Allianz Global Risks US Insurance Company, 2021 QCCA 1594, the Court of Appeal analyzed a mediation and arbitration clause contained in an insurance policy. Further to its analysis, it affirmed that the clause was legal and enforceable. Background In May 2020, Bâton Rouge Restaurant (“Bâton Rouge”) filed...
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  • “Wellington” Application: Superior Court Breaks Trend and Rules in the Insurer’s Favour

    October 27, 2021 – In the recent case of Construction Placo Inc. v. Kingspan Insulated Panels Ltd. 2021 QCCS 1230, the Superior Court ruled in favour of the insurer in a “Wellington” application. Ms. Émilie Bilodeau and Mr. Nicolas Dubé discuss the situation. Read More (en français)
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  • Is vaping while driving an infraction?

    October 27, 2021 – Montréal’s Municipal Court (“Court”) recently decreed that vaping can be considered an offence according to article 443.1 of the Highway Safety Code (“HSC”) insofar as the vaper features a luminous screen displaying information and controls to operate (City of Montréal v. Nicolo, 2021 QCCM 73). According to this provision, “every driver of a road vehicle […] are...
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  • Identifying, Investigating and Resolving Fraudulent Insurance Claims – Webinar Recording

    September 22, 2021 – Fraudulent claims are a persistent problem for the insurance industry. Since the start of the pandemic, there has been a noticeable rise in insurance fraud. How should claims handlers and adjusters deal with claims they suspect might be fraudulent, while still maintaining their duty of good faith? In this webinar recording, Hélène Beaulieu Q.C. of...
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