Publications

or

  • The Insured’s Failure To Mitigate His Damages is Not Without Consequences…

    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...
    Read More
  • When Misstatements Are Not Deceitful Representations

    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...
    Read More
  • Broker has no obligation to ask about the insured’s criminal background

    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...
    Read More
  • UNION CANADIENNE (L’), COMPAGNIE D’ASSURANCES V. HOULE, 2013 QCCA 677

    Stein Monast, Quebec, May 09, 2013 – Recently, the Court of Appeal rendered an interesting decision on the exclusion regarding construction used for illegal or criminal activities, specifying that the determining factor when analyzing of the application of such an exclusion is the use for illicit ends and not the extent of such use. The plaintiffs claimed $189,513 from their insurer after...
    Read More

Do not miss the latest developments in Canadian insurance law

Subscribe