Archives

April 25, 2023 – The concept of insurable interest forms part of the precontractual aspects of the policy, in that it is essential to the very existence of the policy. Without an insurable interest, the policy simply cannot exist. It is precisely in the field of hypothecary claims and taking-in-payment that an aspect of insurable interest stood out most...

March 28, 2023 – In June 2014, a fire broke out at the mobile home of Christine McKnight (the “Insured”). Her insurer, Promutuel Assurance Boréale (the “Insurer”), denied her claim and refused to compensate her, stating that it believed the Insured had intentionally caused the fire herself. The trial judge partially granted the Insured’s claim against the Insurer, deeming...

November 23, 2022 – In reversing a judgment rendered by the Court of Quebec, the Court of Appeal recently ruled on the scope of QEF-27—a standard endorsement contained in Quebec auto insurance policies. In this decision, the meaning of the “financial consequences” covered by the endorsement was analyzed. The appellant, Transport Kahkashan Inc. (“TKI”), subcontracted the delivery of goods...

November 23, 2022 – When it comes to civil liability insurance, it’s not uncommon for a primary insurance policy to cover a certain amount, and for any amounts claimed in excess of the primary insurance policy limit to be covered by what is known as an excess insurance policy, until that policy’s limit has been reached. In fact, multiple...