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“An insured’s omission to cooperate, which is specified in article 2471 C.C.Q. is rarely penalized. A recent judgment of the Court of Appeal in Intact Insurance Inc. v. 9221-2133 Quebec Inc. (Centre Mécatech) confirmed an insurer’s latitude in its power of investigation and called insured parties to order when dealing with their duty to cooperate.”
“In the current context in which insurers are increasingly requested to assume the defence of their insured, in comparison with past practice, it is essential that their position be rapidly disclosed to their insured and be clearly stated…”
“…an insurer and its insured may be held separately liable for the total amount of the obligation. This entails enormous consequences, especially regarding the limitation period (prescription) for such a recourse.”
“…we have been witness to an emerging contradictory tendency in case law, as several trial level judges granted an indemnity on the basis of net earnings, after deducting income tax.”
The confidentiality of the report of a claims adjuster or an investigator whose services are retained by an insurer is reaffirmed by the Court of Appeal
“Last March 6, in a unanimous decision, the Court of Appeal reaffirmed the fact that an insurer could not be obliged to disclose to the opposing party the investigation report of the investigators and claims adjusters whose services it had retained.”
©Michaud LeBel, LLP – Tous droits réservés 2015