By Chantal Noël, from our Insurance Law Practice Group.
December 14, 2017 — In a recent decision (Fiset-Trudeau c. Compagnie mutuelle d’assurances Wawanesa, 2017 QCCS 5071), Madam Justice Florence Lucas held that an insurer’s notes and records, as prepared by its representatives, were subject to the litigation privilege and that, accordingly, the insurer could not be compelled to disclose them.
By Chantal Noël, from our Insurance Law Practice Group.
September 27, 2017 — In Intact, compagnie d’assurances c. Ville de Montréal (2017 QCCS 3753) rendered on June 26, 2017, the Superior Court had to determine whether the City of Montreal firefighters had committed a gross fault, thus preventing the city from invoking the exemption of liability provided for in section 47 of the Fire Safety Act (CQLR c S-3.4).
By Chantal Noël, from our Insurance Law Practice Group.
April 13, 2017 — At the onset of an investigation, whenever the insurer has reasons to suspect that coverage may be an issue, it usually requires the insured to sign a non-waiver agreement that will allow the insurer to investigate the situation without jeopardizing its rights. However, could some of the insurer’s subsequent actions amount to renunciation of these rights? This was the question in Haddou c. Alpha (L’) compagnie d’assurances inc., 2016 QCCS 6184, a decision from the Superior Court, district of Québec.
By Marc-André McCann, from our Insurance Law Practice Group.
February 2, 2017 — What is the standard to which a municipality can be held in the maintenance of its infrastructures? Are budget considerations relevant in the appreciation of its conduct?
Such were the questions raised before the Quebec Court of Appeal in Montréal (Ville de) c. Compagnie d’assurances Coseco, a recent case that raised the impact of article 1465 of the Civil Code of Quebec.
By Chantal Noël, from our Insurance Law Practice Group.
September 13, 2016 — This was upheld by the Quebec Superior Court in 3457265 Canada inc. c. 9124-8948 Québec inc., 2016 QCCS 2462.
In this case, the activities of the insured were the repair and maintenance of aircraft in its workshops located at the airports of Saint-Mathieu-de-Belœil and Mirabel. The liability insurance policy issued by the insurer provided the following relevant provisions:
February 16, 2016 — RSS is pleased to announce that Ariane Légère-Bordeleau has joined the firm’s Insurance Law Practice Group.
With nine years’ experience before the courts, Ariance will be providing excellent representation to the firm’s insurers and insured clients.