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Stein Monast, Quebec, 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...
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Stein Monast, Quebec, March 21, 2024 – Is an insurance provider justified in invoking misrepresentation or an exclusion clause in the following situations: failure to disclose an employee’s criminal history to the insurance provider and failure to dismiss this employee on suspicion of involvement in prior thefts? Read More (en français)
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Stein Monast, Quebec, March 21, 2024 – In 2005, the plaintiffs purchased a commercial building built in 1965 and carried out extensive renovations. In 2014, a fire gutted the building, which had been insured by the defendant. In the end, the plaintiffs decided not to rebuild. The defendant agreed to compensate them in the amount of $726,709.22, i.e., a sum equivalent to...
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Stein Monast, Quebec, October 03, 2023 – Any misrepresentation or concealment of facts concerning the risk to be insured can lead to nullity of the insurance policy[1], also known as nullity ab initio. However, in the case of deceitful representation of a loss, the consequence is forfeiture of the right to an insurance indemnity[2], although the insurance policy remains valid. In a...