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To hide a lie, a thousand lies are needed – The insured’s obligation to cooperate – False statements on the part of the insured – Burden of proof – Automobile insurance – Fire – Can the insured refuse to answer the questions of the claims adjuster?

November 25, 2019

Rizqy v. Échelon, compagnie d’assurances générales, 2019 QCCQ 2073.

This dispute occurred between Zakaria Rizqy (hereinafter, “the plaintiff” or “Mr. Rizqy”) and Échelon, Compagnie d’assurances générales (hereinafter, “the defendant” or “Échelon”) when Echelon refused to indemnify the plaintiff after his vehicle was presumed to have caught fire. In this case, the main issues involved knowing whether Mr. Rizqy had established, on a balance of probabilities, the occurrence of a loss resulting in the defendant’s obligation to indemnify and whether the plaintiff had lost his right to compensation as a result of his failure to fulfill his obligation to cooperate with his insurer.

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