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Stein Monast, Quebec, August 22, 2016 – The insured’s obligation to cooperate with his insurer is now a well-established concept in Quebec law. In a decision rendered May 25, 2015, the Court of Appeal reminded us of the importance of this obligation, ruling as follows on the full extent of its scope: [Translation] “The insured must answer any questions asked by the...
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Cox & Palmer, Newfoundland & Labrador, August 16, 2016 – Fennelly v Lloyd’s Underwriters, 2016 NLTD(G) 1. Fennelly’s fishing vessel suffered physical damage in January, 2006. He sought payment under a Marine Insurance policy, issued by Lloyd’s Underwriters. The policy insured the vessel for $500,000 against total loss, whether actual or constructive. Lloyd’s denied coverage, stating that the repair costs were less than $500,000. Read...
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Donati Maisonneuve, Quebec, July 24, 2016 – Roy c. Lefebvre, [2016] QCCA 660. This involves two appeals from a judgment handed down by the Superior Court granting a motion to institute proceedings filed by Douglas Robinson (“Robinson”) and solidarily condemning the appellants, Pierre Roy (“Roy”), Lafortune & Associés Inc. and André Lefebvre (“Lefebvre”) to pay him the amount of $1,200,010, being equivalent...
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Donati Maisonneuve, Quebec, July 24, 2016 – Mohamed Benkhaldoun c. Financière Manuvie, [2016] QCCA 498. This case is anconsists in the appeal of from a judgment rendered by the Court of Quebec granting a motion for in dismissal inadmissibility by Financière Manuvie (“Manulife”) and dismissing the motion to institute proceedings filed by Mohamed Benkhaldoun (“Benkhaldoun”) whereby he is was claiming the payment...