Ms. Dina Raphaël, partner at Lavery and an expert in the area of insurance law, is quoted in an article of the journal Finance et Investissement and entitled "Assurance responsabilité : des contrats à revoir". The text deals with an important judgment where the Québec Court of Appeal ruled that the provision excluding gross fault, which is included in a liability insurance policy, was of no force or effect. Ms. Raphaël pointed out, among other things, that the judgment will compel insurers and policyholders to review the exclusions written into liability insurance policies. However, any exclusion for gross fault is not necessarily null and void.
Click here to read this article (in French only).