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How far does the insured’s duty to cooperate go?

March 24, 2022

Does the insured’s duty to cooperate allow an insurer to access data stored on their cellphone? The Court of Quebec recently ruled on this issue in Murray v. Promutuel de l’Estuaire, société mutuelle d’assurance générale.

André Murray (“Murray”) sued his insurer, Promutuel de l’Estuaire, Société mutuelle d’assurance Générale (“Promutuel”) after his vehicle was allegedly stolen. The vehicle disappeared on July 20, 2019, in Rimouski, and was found a few days later, more than 200 km away from the location of the theft, completely incinerated. Murray had both keys to the vehicle in his possession when the theft took place.

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