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  • Nullity Ab Initio of the Insurance Contract: Importance of the Initial Declaration of Risk

    May 26, 2021 – The Superior Court recently ruled on the notion of nullity ab initio of the insurance contract in Croteau (Succession de Roy) v. TD Compagnie d’assurance-vie, 2020 QCCS 3539. After underscoring the principles applicable and the importance of the initial declaration of risk, the Court ruled in favour of the insurer. Read More (en français)
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  • Divided Co-Ownerships: Who Must Insure What?

    May 26, 2021 – The Divided co-ownership regime under the Civil Code of Québec (“C.C.Q.”) has undergone major amendments in recent years. This follows the passing and approval of Bill 1411 (“the Act”) on June 13, 2018. In particular, these changes target the obligations incumbent on co-ownership syndicates as well as co-owners in terms of insurance. Although some of these...
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  • Business Interruption Insurance: Should your Case be Referred to Mediation or Arbitration?

    April 19, 2021 – In a judgment rendered January 14, 2021, the Superior Court (the Honourable Gary D.D. Morrison, J.C.S.) dismissed an application for authorization to institute a class action presented by 9369-1426 Québec Inc./Bâton Rouge (hereinafter, “Bâton Rouge”) so that it and the members of the proposed class could be compensated by Allianz Global Risk Insurance Company (hereinafter, “Allianz”)...
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  • Induction of Marie-Hélène Bétournay, as a Fellow with the American College of Trial Lawyers

    April 19, 2021 – Ms. Marie-Hélène Bétournay is now a Fellow of the American College of Trial Lawyers, one of the most prestigious associations of trial lawyers in North America. As a Fellow, Marie-Hélène Bétournay has been recognized as a very skilled trial lawyer who has always conducted herself in an exemplary manner, continuously abiding by the highest standards...
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