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Articles
Statutory Examination and the Insured’s Legal Obligation to Cooperate in the Insurer’s Investigation
Stein Monast, Quebec, September 17, 2015 – Intact Assurances inc. v. 9221-2133 Québec inc. (Centre Mécatech), 2015 QCCA 916 The insurer’s investigation is an important step in the claims process, which begins as soon as the loss occurs. The Civil Code of Quebec (hereinafter, “C.C.Q.”) states that the insured has certain obligations towards his insurer to facilitate the exercise of investigative power... -
Stein Monast, Quebec, October 27, 2014 – 9124-4541 Québec Inc. et al. v. Intact compagnie d’assurance et al., 2014 QCCS 42501 After a fire damaged a poultry-processing plant not long before a backflow of water overtook the plaintiffs’ administrative offices, the latter, unhappy with the amount they received from their insurer, claimed additional compensation totalling just over 8 million dollars for damages to...
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Stein Monast, Quebec, October 08, 2013 – Beaudoin v. Wawanesa Insurance Company, 2013 QCCS 4143 After a major fire in their home, the plaintiffs retained a claims adjuster to present their claim to their insurer. The adjuster drew up a list of all the goods that needed to be replaced and submitted it to the insurer. The insurer denied coverage on the...
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Stein Monast, Quebec, August 13, 2013 – On May 14, 2008, the plaintiff’s building was completely destroyed by fire. His insurer refused to indemnify him and insisted that the policy be cancelled because it would never have been issued had it known that the plaintiff was dealing drugs in addition to permitting their consumption on the premises. The evidence also revealed that...