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The language of the insurance contract: a question of express consent

November 04, 2024

A recent ruling by the Quebec Superior Court settled a dispute between the proprietors of a cannabis-growing facility and their insurer, following a fire that destroyed the building and equipment1. The insurance company refused to pay the replacement value, as the owners had not rebuilt the premises within a reasonable time frame, as stipulated in the insurance policy. The owners contested the indemnity paid by the insurer and argued that the general conditions of the insurance contract, which included the requirement to rebuild in order to qualify for replacement value, were not enforceable against them, as they had not been notified of these conditions and had not expressly consented to the language in which they were drafted.

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