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Quebec Court of Appeal clarifies the burden to be met by an insurer seeking to nullify a policy for misrepresentation by the client

Norton Rose Canada LLP
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Canada
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March 31 2013

On March 15, 2013, the Quebec Court of Appeal reversed a judgment of the Superior Court which had granted an insured's motion to institute

The Quebec Court of Appeal and the exclusions for criminal and intentional acts

Norton Rose Canada LLP
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Canada
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March 5 2013

On January 16, 2013, the Quebec Court of Appeal upheld an exclusion for criminal and intentional acts invoked by an insurer in relation to fire

An insurer’s duty to defendclarity from the Ontario Court of Appeal

Norton Rose Canada LLP
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Canada
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November 30 2012

In Tedford v. TD Insurance Meloche Monnex1, the Ontario Court of Appeal provides helpful guidance concerning an insurer’s duty to defend

Quebec Court of Appeal orders insurer to indemnify investors swindled out of savings by their financial adviser

Norton Rose Canada LLP
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Canada
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September 11 2012

On August 2, 2012, the Quebec Court of Appeal, per the Honourable Marie-France Bich, J.A., handed down a unanimous decision in Alimentation Denis et Mario Guillemette inc. and upheld the judgment of the Honourable François Huot, J.S.C., ordering an insurer to pay $460,000 to investors who had lost their life savings as a result of negligent acts committed by their financial planner and the firms for which he worked

The Supreme Court of Canada rules that the Automobile Insurance Act must be given a large and liberal interpretation

Norton Rose Canada LLP
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Canada
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July 4 2012

On June 22, 2012, the Supreme Court of Canada rendered its decision in the case of Westmount (City of) v Rossy

Whose lawyer is it anyway?

Norton Rose Canada LLP
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Canada
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June 20 2012

An insurer’s duty to defend generally implies a corresponding right to control the defence, including the right to appoint and instruct defence counsel

An insurer’s duty to defend under a CGL policy: Quebec Superior Court reviews the scope of “property damage” and “accident”

Norton Rose Canada LLP
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Canada
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September 13 2011

On July 14, 2011, Justice Daniel W. Payette of the Quebec Superior Court issued a very interesting judgment dealing with an insurer’s duty to defend under a CGL insurance policy

Pollution exclusion in CGL policies: Ontario Court of Appeal addresses the issue

Norton Rose Canada LLP
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Canada
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June 8 2011

The Court of Appeal for Ontario’s recent ruling in ING v. Miracle clarifies the interpretation to be given to pollution liability exclusion clauses contained in commercial general liability insurance policies (commonly referred to as CGL policies) by clearly asserting that the principle of interpretation developed by a body of American case law whereby exclusion is limited to “active polluters” does not apply in Canada

Start date for calculating pre-judgment interest in property insurance: Quebec Court of Appeal rules

Norton Rose Canada LLP
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Canada
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May 5 2011

What is the start date for calculating pre-judgment interest in property insurance in Quebec?

Court of Appeal: sub-broker can issue binding insurance contract without insurer's authorization

Norton Rose Canada LLP
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Canada
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March 10 2011

In the recent decision of M.B. Kouri Insurance Brokers Ltd. v. R.L. Gougeon Ltd., the Ontario Court of Appeal ruled a broker could issue a binding renewal of an insurance policy despite a broker's agreement stating it did not have this authority

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