Renée-Maude Vachon-Therrien and Samuel Gagnon, associates at Langlois Lawyers, LLP, recently published an article entitled ”Inaction May Be Fatal to the Insured”. The Journal de l’assurance has revisited and thoroughly analysed this insightful text.
“It is clear from the case law that the insured must diligently continue to carry on its business without waiting for the insurer to take a position on whether or not to indemnify it following a loss. For by letting the post-loss situation deteriorate, the insured thereby aggravates the damages, and the insurer is bound only to indemnify it for the damages as they stood on the day of the loss or as they subsequently accumulated as a direct result of the loss,” indicate Renée-Maude and Samuel in their comments on the decided cases.
If you would like to read the article (in French only), please click here.
