24 January, 2018 13:30
The annual review of the case law 2017 in insurance law includes a small number of decisions by evolving case law, according to an analysis of two attorneys of Lavery. At the conference, which was held at the offices of Lavery on January 23 and 24, lawyers Jonathan Lacoste-Jobin and Bernard Larocque presented 13 rulings that have had an impact on the case law.
The disputes highlighted have covered many of the concepts, including the obligation of risk disclosure, notice of a claim, the obligation to minimize the damage and the plurality of confidence, especially.
The compensation leads to the renunciation of a civil action
Among the judgments, we find a decision affecting the automobile insurance Act, which recalls the civil immunity in respect of the injury in case of a car accident. Gilles Gargantiel and Therese Godbout were both victims of an automobile accident distinct where they have been seriously injured.
In both cases, they have undertaken an action in civil liability against third parties alleging to have suffered an additional injury. Ms. Godbout has commenced an action against the medical personnel who treated his injuries and Mr. Gargantiel against the agents of the Sûreté du Québec for negligence.
However, the two victims have been compensated by the Société de l’assurance automobile du Québec (S. A. A. Q). The automobile insurance Act stipulates that if a victim receives compensation from the S. A. A. Q, she gives up the right to sue in the civil a third party for all damages related to the accident. In this case, the Supreme Court of Canada has recognized the police officers and medical staff as a third party and therefore dismissed the plaintiffs’.
The improper disclosure of information during an insurance quote may lead to the cancellation thereof. This is the case of the trial of the trial of Gilles Lavallée against the insurance company of the Elite. Mr. Lavallée has purchased a recreational vehicle and ensures it a few months later to 140 000 $. The following year, the vehicle caught fire and was completely destroyed.
At the time of the submission of insurance, Mr. Lavallée does not reveal that the recreational vehicle had been purchased in an auction in the United States for $ 60,000 US and that at the time of purchase, the vehicle was to receive reparations of $ 113,000 US.
The court held that the plaintiff has made proof of bad faith by conspiring to extort to the insurer the amount of insurance and that it was his responsibility to provide information to the insurers at the time of submission.
Trial to monitor
The speakers concluded the meeting by mentioning that the trial of Promutuel Portneuf-Champlain against the general insurance company of canada Lombard will surely be a key point of the conference next year. The trial, which involved two stolen vehicles in the hotel Econolodge, is currently before the supreme Court.
Here is the complete list of the judgments presented at the conference :
1.Godbout, c. Pagé, 2017 SCC 18
2.Lavallée c. The insurance Company Elite, 2017 QCCA 220
3.El-Ferekh c. Intact insurance company, 2017 QCCS 4077
4.Intact Insurance v. Town of Montreal, 2017 QCCS 3062
5.Group Anderson inc. c. Euler Hermes Canada 2017 QCCS. 4509,
call. Motion to dismiss appeal denied 2017 QCCA 1951
6.A. C. Mr. Modular inc. c. Royal & Sun Alliance company of Canada
insurance, 2017 QCCS 1850
7.6916643 Canada inc. c. Intact insurance company, 2017 QCCA 660
8.Desjardins financial Security life assurance company c. Emond,
2017 SCC 19
9.9124-4541 Quebec inc. c. Intact insurance company, 2017 ABCA 40
10.Management Ignièce inc. c. Lloyd » s Underwriters, 2017 QCCS 1410
11.Coop Fédérée c. general insurance Company Co-Operators, 2016
QCCS 6302, call. Motion to dismiss appeal denied 2017 QCCA 575
12.Union Lofts Wilson c. 1061 St-Alexandre, 2017 QCCS 5988
13.Chubb Insurance Company of Canada v. Domtar inc., 2017 QCCA 1004