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Criminal record: the importance of asking questions at the time of subscription

December 17, 2019 – Very recently, the Court of Quebec reminded us of the importance of asking the insured specific questions about his criminal record at the time of subscription1, even if that question was asked at the time of an earlier subscription with the same insurer concerning another risk. Facts In this case, the insurer of an individual...

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A car accident like no other! – Insurance – Application to dismiss – Automobile Insurance Act – Can a fall be considered an accident under the Automobile Insurance Act?

November 25, 2019 – Gendron v. CA Transport Inc., 2019 QCCQ 2427. This dispute occurred between Lucie Gendron and Sylvain Motard (hereinafter, “the plaintiffs”) and CA Transport Inc. (hereinafter, “the defendant”) following a fall by Réal Gendron. The defendant tried to counter the action of the defendants by filing an application to dismiss. The main issue involved knowing whether the accident...

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To hide a lie, a thousand lies are needed – The insured’s obligation to cooperate – False statements on the part of the insured – Burden of proof – Automobile insurance – Fire – Can the insured refuse to answer the questions of the claims adjuster?

November 25, 2019 – Rizqy v. Échelon, compagnie d’assurances générales, 2019 QCCQ 2073. This dispute occurred between Zakaria Rizqy (hereinafter, “the plaintiff” or “Mr. Rizqy”) and Échelon, Compagnie d’assurances générales (hereinafter, “the defendant” or “Échelon”) when Echelon refused to indemnify the plaintiff after his vehicle was presumed to have caught fire. In this case, the main issues involved knowing whether Mr....

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Recent decision of the Court of Appeal on the notion of loss of the work and poor workmanship (Sections 2118 and 2120 of the Civil Code of Québec)

October 29, 2019 – Just recently, the Court of Appeal had to consider once again the notions of “loss of the work” and of “poor workmanship” within the meaning of Sections 2118 and 2120 of the Civil Code of Québec (“C.c.Q.”), outlining their distinctiveness1. FACTS In this instance, the Applicant, Société des vétérans polonais de guerre du Maréchal J....

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Archives

Criminal record: the importance of asking questions at the time of subscription

A car accident like no other! – Insurance – Application to dismiss – Automobile Insurance Act – Can a fall be considered an accident under the Automobile Insurance Act?

To hide a lie, a thousand lies are needed – The insured’s obligation to cooperate – False statements on the part of the insured – Burden of proof – Automobile insurance – Fire – Can the insured refuse to answer the questions of the claims adjuster?

Recent decision of the Court of Appeal on the notion of loss of the work and poor workmanship (Sections 2118 and 2120 of the Civil Code of Québec)

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