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Articles
Claim for Damages Against an Insurer that Refused to Take up a Case in a Claim for Latent Defects
Donati Maisonneuve, Quebec, March 23, 2016 – Allard v. Intact, compagnie d’assurances, 2015 QCCS 5533 The claim for damages was denied because the costs related to the work needed to correct the latent defect is not covered by the insurance policy. Furthermore, the claim for legal fees is a prescribed right. Finally, Intact Insurance did not commit a fault that could justify... -
Donati Maisonneuve, Quebec, February 17, 2016 – Bouchard v. Promutuel du Lac au Fjord, 2015 QCCS 5202 The Court granted a motion for permission to conduct an examination on discovery of third parties in the context of a claim for damages. The defendant, Promutuel du Lac au Fjord (hereinafter, “Promutuel”), refused to indemnify the plaintiff, Stéphane Bouchard (hereinafter, “Bouchard”), after his vehicle...
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Donati Maisonneuve, Quebec, February 17, 2016 – Lamy v. Sun life du Canada, compagnie d’assurance-vie, 2015 QCCA 1821 The trial judge was not wrong to prefer the expert report presented by the insurer over the medical attestations of the insured’s attending physician, or to conclude that the insured was not completely disabled as defined in the insurance policy. Read more
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Donati Maisonneuve, Quebec, May 22, 2015 – On April 2, 2015, the Autorité des marchés financiers du Québec (the AMF) released a report titled Internet Insurance Offerings in Québec, through which it endorsed the online distribution of insurance products without requiring the intervention of a registered representative. This report followed a consultation launched by the AMF in 2012, which allowed them to...