Fraud and special investigationsFraud and special investigations

 

 

Intentional Fault: the Court of Appeal Rules AgainIn a judgment rendered last October, the Court of Appeal reminded insurers of the burden of proof they carry when alleging the intentional fault of their insured. http://chad.ca/en/members/professional-practice/industry/fraud-and-special-investigations/355/intentional-fault-the-court-of-appeal-rules-againIntentional Fault: the Court of Appeal Rules AgainIn a judgment rendered last October, the Court of Appeal reminded insurers of the burden of proof they carry when alleging the intentional fault of their insured.
Mortgagee's obligations towards the insurerThis recent judgement is quite interesting because, in addition to reiterating the principles regarding the ab initio nullity of an insurance contract, it deals with the consequences of the insured's false declarations on the rights of the mortgagee.http://chad.ca/en/members/professional-practice/industry/fraud-and-special-investigations/453/mortgagees-obligations-towards-the-insurerMortgagee's obligations towards the insurerThis recent judgement is quite interesting because, in addition to reiterating the principles regarding the ab initio nullity of an insurance contract, it deals with the consequences of the insured's false declarations on the rights of the mortgagee.
The Mallet Affair: Reviewing the Insurer’s Burden of Proof With Respect to Intentional Fault and Misrepresentations A recent Superior Court judgement reminds us yet again that the burden of proof falls on the insurer when it posits the insured’s intentional fault and misrepresentations to justify denying the insured compensation. http://chad.ca/en/members/professional-practice/industry/fraud-and-special-investigations/565/the-mallet-affair-reviewing-the-insurers-burden-of-proof-with-respect-to-inThe Mallet Affair: Reviewing the Insurer’s Burden of Proof With Respect to Intentional Fault and Misrepresentations A recent Superior Court judgement reminds us yet again that the burden of proof falls on the insurer when it posits the insured’s intentional fault and misrepresentations to justify denying the insured compensation.
The obligation to act with the highest good faithIt is important to keep in mind that insurance companies must go beyond their doubts and conduct a complete investigation when considering a claim.http://chad.ca/en/members/professional-practice/industry/fraud-and-special-investigations/172/the-obligation-to-act-with-the-highest-good-faithThe obligation to act with the highest good faithIt is important to keep in mind that insurance companies must go beyond their doubts and conduct a complete investigation when considering a claim.
Theft or Fraud: Insurance policies’ different treatmentIn 2017, in its judgment, 6916643 Canada inc. c. Intact, compagnie d’assurances, the Court of Appeal reaffirmed the state of law with respect to insurance coverage in fraud cases .http://chad.ca/en/members/professional-practice/industry/fraud-and-special-investigations/538/theft-or-fraud-insurance-policies-different-treatmentTheft or Fraud: Insurance policies’ different treatmentIn 2017, in its judgment, 6916643 Canada inc. c. Intact, compagnie d’assurances, the Court of Appeal reaffirmed the state of law with respect to insurance coverage in fraud cases .