Jonathan Lacoste-Jobin and Léonie Gagné, lawyers in the firm’s Litigation group whose practice focuses mainly on insurance lawwrote an article entitled “Spoken words fly away, written words remain? Waiving the insurer’s right to deny coverage” published in the Spring edition of La ChADPresse. This free magazine, published four times a year by the Chambre de l’assurance de dommages, is distributed to more than 14 500 damage insurance agents and brokers, as well as claims adjusters.
In the article, the authors conclude that: “The claims adjuster’s actions or representations could result in the insurer being deprived of its right to deny coverage or to invoke an exclusion in the insurance policy. It is therefore essential to draw up a clear, comprehensive reservation of rights letter and give it to the insured as soon as possible after the loss occurs in order to avoid an implicit waiver being held against the insurer..”
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