Allard v. Intact, compagnie d’assurances, 2015 QCCS 5533
The claim for damages was denied because the costs related to the work needed to correct the latent defect is not covered by the insurance policy. Furthermore, the claim for legal fees is a prescribed right. Finally, Intact Insurance did not commit a fault that could justify a claim related to trouble and inconvenience. On May 23, 2008, Plaintiff Allard sold a building to Mr. Pascal Rhéaume. Around the month of September, 2010, Rhéaume informed Allard that the building had latent defects. Intact denied coverage by invoking that the claim was not subject to coverage under the insurance policy.