Tag Archives: insurance law

The Demand Letter: A Tool That Should Not Be Underestimated

By Stéphanie Beauchamp, from our Insurance Law Practice Group

May 1, 2020 — Sending a demand letter is part of the usual process of most recovery files. It is sent at different points in time, depending on the way the claim is handled, and on the elements revealed during the investigation. People usually send it automatically, without necessarily understanding all of its implications. What is the actual purpose of the demand letter? What should it contain? Is it always mandatory? Here are a few reminders.

Read full article

The Court of Appeal Clarifies the Impact of Expert Opinions on the Burden of Proof in an Action for Latent Defects

By Gabriel Chaloult Lavoie, from our Insurance Law Practice Group

December 11, 2019 — In Groupe Royal inc. v. Crewcut Investments Inc., 2019 QCCA 1839, the Court of Appeal affirmed that in an action for latent defects, the Plaintiff’s expert opinions are not required, whereas those filed in defence must demonstrate the precise cause of the defect in order to rebut the presumption.

Read full article

The insurer’s obligation to defend and indemnify: A subject revisited, yet still current

By Marika Douville, from our Insurance Law Practice Group.

October 22, 2019 — In Développement les Terrasses de l’Île inc. c. Intact, compagnie d’assurances, 2019 QCCA 1440, the Court of Appeal of Quebec examined claims for the cost of repairing construction defects and the cost of repairing the damage caused by the defects, and had to decide the extent of the insurer’s obligation to provide a defence to the insureds, who were allegedly responsible for the defects.

Click here to read more (PDF).

Read full article

Setting aside the municipalities’ exemption from liability for firefighting

By Benoît Chartier, from our Insurance Law Practice Group.

October 9, 2019 — As an incentive for municipalities to enhance their firefighting services, the Fire Safety Act grants them an exemption from lawsuits when they have implemented and followed a fire safety cover plan.

However, this exemption is not unconditional: certain principles of liability remain, as seen in the decision of the Superior Court of Québec in Royal & Sun Alliance du Canada, société d’assurances c. Ville de Trois Rivières, 2019 QCCS 3181.

Click here to read more (PDF).

Read full article

Hall & Wilcox lawyers named as 2019 Best Lawyers in Australia

Leading independent business law firm Hall & Wilcox is pleased to announce 36 lawyers have been recognised in the 2019 Best Lawyers in Australia list as published in today’s Australian Financial Review.

Read more

Read full article

The Court of Appeal confirms the existence of a triple presumption against the professional vendor and the manufacturer

By Chantal Noël, from our Insurance Law Practice Group.

November 1, 2017 — In CNH Industrial Canada Ltd. c. Promutuel Verchères, société mutuelle d’assurances générales, 2017 QCCA 154, the Court of Appeal confirmed that the purchaser of a property stricken with a latent defect, who sues the professional seller or the manufacturer, benefits from a triple presumption against the latter: presumption that there is a latent defect, that it pre-existed the sale, and that there a causal link between the defect and the item’s malfunction or deterioration.

Read full article

RSS involved in a continuing education programme of the Bar on insurance

October 18, 2017 — On October 27, the Bar of Quebec is hosting a continuing education seminar on recent developments in insurance law.

Katherine Delage will be presiding the activity, and Jean-François Lamoureux will be making a presentation on “ La SAAQ, les assureurs automobiles et les accidents hors Québec : Réflexions et solutions” (Quebec’s automobile insurance board, automobile insurers and accidents occurring outside Quebec: reflections and solutions).

Read full article
ILN Today Post

Inese Rendeniece on the most recent insurance case law

Magazine ITiesibas in its 22 June 2017 issue published an article by Inese Rendeniece, Senior Associate at TGS Baltic, on the most recent insurance case law. Inese reviewed the conclusions of the Civil Case Department of the Supreme Court of the Republic of Latvia with respect to the burden of proof in case of refusal of payment of insurance indemnity, as well as the conclusions of the Civil Case Department regarding payment of the insurance indemnity in case of breach of insurance agreement on the part of the insured.

Read More

Read full article

Cities’ and towns’ liability in cases of water main breaks: presumption of fault and financial capacity

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.

Read full article

Austeville Properties Ltd. v. Josan et al.: Exploding Taco Del Mar makes for Interesting Application of the Corporate Identification Doctrine and New Law on Insurance Covenants

By Samantha Ip & Sean Tessarolo (respectively counsel and articled student for the corporate tenant at trial)

Many in Vancouver will remember when the Taco Del Mar restaurant on West Broadway exploded in the early morning hours of February 13, 2008. That explosion resulted in damage to the office building which contained the Taco Del Mar and to buildings across the street. Austeville Properties Ltd. v. Josan et al., 2016 BCSC 1963 is an action that arose out of the efforts of the landlord’s insurer to recover over $3 million paid out to the landlord for property damage repairs and business interruption losses arising from that explosion. The landlord’s insurer brought a subrogated action in the name of the plaintiff landlord against its corporate tenant and several other individuals including the only two directors of the corporate tenant, Mr. and Mrs. Nandha.

Read full article