Intentional fault: the Court of Appeal sets the record straight

By Dominic Boisvert and Chantal Saint-Onge ( May 31, 2024, 2:41 PM EDT) -- On Feb. 12, the Court of Appeal of Quebec rendered a decision of interest in Société d’assurance Beneva inc. c. Bordeleau, 2024 QCCA 171, which particularly addresses the burden of proof incumbent on an insurer that denies coverage on the basis of an insured’s intentional fault in the context of a fire and an award of damages against an insurer for breach of its duty to act in good faith. This decision is also a practical reminder as to the starting point for calculating interest and the additional indemnity....
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