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Statutory Examination and the Insured’s Legal Obligation to Cooperate in the Insurer’s Investigation
September 17, 2015 – Intact Assurances inc. v. 9221-2133 Québec inc. (Centre Mécatech), 2015 QCCA 916 The insurer’s investigation is an important step in the claims process, which begins as soon as the loss occurs. The Civil Code of Quebec (hereinafter, “C.C.Q.”) states that the insured has certain obligations towards his insurer to facilitate the exercise of investigative power... -
May 22, 2015 – On April 2, 2015, the Autorité des marchés financiers du Québec (the AMF) released a report titled Internet Insurance Offerings in Québec, through which it endorsed the online distribution of insurance products without requiring the intervention of a registered representative. This report followed a consultation launched by the AMF in 2012, which allowed them to...
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October 27, 2014 – 9124-4541 Québec Inc. et al. v. Intact compagnie d’assurance et al., 2014 QCCS 42501 After a fire damaged a poultry-processing plant not long before a backflow of water overtook the plaintiffs’ administrative offices, the latter, unhappy with the amount they received from their insurer, claimed additional compensation totalling just over 8 million dollars for damages to...
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May 26, 2014 – On March 29, 2011, Judge Line Samoisette of the Quebec Superior Court rendered a decision1 received in great tumult by the legal community and particularly by professional liability insurers.