Publications
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Regulatory Offences in the Distribution of Insurance Products: A Call for Diligence
On November 21, 2013, the Supreme Court of Canada issued its judgment in the case of La Souveraine, Compagnie d’assurance générale v. Autorité des marchés financiers, 2013 SCC 63, a decision which is now critically important in the context of the distribution of insurance products in Quebec. (…)
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The Court of Appeal confirms that the policyholder and the insurer may agree to modify the provisions of a group insurance contract without consulting the participants
The decision of the Court of Appeal in the La Capitale case has been expected since February 2012 when the Superior Court dismissed the class action taken against an insurer who, with the consent of the policyholder, had unilaterally modified the waiver of premiums clause in a group insurance (…)
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Notice of Accident Insurance Claim: One Year, No More
In its judgment in Bourcier v. La Citadelle rendered on September 4, 2007, the Court of Appeal confirmed that the insured accident victim must inform the insurer no later than one year following the date of the accident, in accordance with Article 2435 C.C.Q. Failure to do so results in forfeiture (…)
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The Court of Appeal clarifies the extent of a financial institution's duty to inform in situations involving loan insurance
On July 17, 2006, the Court of Appeal rendered a judgement concerning the duty of financial institutions making loans to inform and advise their clients. This decision sheds further light on the obligations of group loan insurance policyholders.
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Disability Insurance: the Right to a Counter Expertise
Disability Insurance: the Right to a Counter Expertise
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Fraudulent Misrepresentations: the Court of Appeal Revisits the Test
Fraudulent Misrepresentations: the Court of Appeal Revisits the Test
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When the Duty to Investigate Prevails Over Misrepresentations
When the Duty to Investigate Prevails Over Misrepresentations
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A Bank's Obligations Respecting Credit Insurance Management
A Bank's Obligations Respecting Credit Insurance Management
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The Court of Appeal Rules on Disability Benefits in the Small Claims Court
The Court of Appeal Rules on Disability Benefits in the Small Claims Court
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Master Policies and Insurance Certificates: Beware of Discrepancies
Master Policies and Insurance Certificates: Beware of Discrepancies
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Misrepresentations and Changes in the Insurability of the Risk: Biscuits Leclerc Ltée v. Transamerica
Misrepresentations and Changes in the Insurability of the Risk: Biscuits Leclerc Ltée v. Transamerica
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A Trustee's Right to the Cash Surrender Value: The Supreme Court Rules on the Matter
A Trustee's Right to the Cash Surrender Value: The Supreme Court Rules on the Matter