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AELEX | July 2022

INTRODUCTION Cryptocurrencies have been gaining momentum in recent years, notwithstanding various concerns and critiques about the use-case of cryptocurrencies. Cryptocurrencies are digital or virtual currencies built on the Blockchain, secured by cryptography and typically designed to operate as a medium of exchange. Cryptocurrencies had a bull run in 2021 with Bitcoin, the first cryptocurrency, rising from approximately USD7,000 in 2020 to an all-time high of approximately USD69,000 in 2021 ...

Lavery Lawyers | December 2006

On October 18th, 2006, the Quebec Court of Appeal rendered a much-awaited decision regarding class actions. In Bouchard v. Agropur Coopérative et al,(1) the province’s highest court was called upon to rule on the issue of whether, when there is a multiplicity of defendants, it is necessary that a legal relationship exist between the petitioner applying for authorization to bring a class action and each defendant ...

Shoosmiths LLP | March 2022

The insurance industry typically has a significant role to play in public inquiries, and in this article we consider this from the perspective of insurance companies and policyholders. The Rt Hon Baroness Heather Hallett DBE has been appointed Chair of the upcoming UK COVID-19 Inquiry (“the Inquiry”) and we currently await publication of the Terms of Reference, which will determine the scope of the investigation ...

Haynes and Boone, LLP | March 2002

TABLE OF CONTENTS I. The Basic Anatomy of an Insurance Policy A. The Declarations Page B. The Insuring Agreement 1. Duty to Defend 2. Duty to Indemnify C. Definitions D. Exclusions E. Conditions F. Endorsements II. The Difference between First Party and Third Party Coverage III. Duties of the Policyholder A. Duty to Provide Notice 1. Occurrence Policies 2. “Claims Made” and “Claims Made and Reported” Policies B ...

Haynes and Boone, LLP | June 2002

Dallas Bar Association Franchise and Distribution Law Section A publication and corresponding Powerpoint presentation covering the following: The Franchisor-Franchisee Relationship Shifts Certain Liability Risks from the Franchisor to the Franchisee Insurance Is Typically A Contractually-Negotiated Element of the Franchisor-Franchisee Relationship The Difference between First Party and Third Party Coverage The Basic Anatomy of an Insurance Policy What You Should Know About Comm

Lavery Lawyers | December 2011

The advent of social networks such as Myspace, Facebook, Diaspora, Photobucket, Twitter, You Tube, and others has brought significant changes to social relationships. In Quebec alone, more than 3,250,000 persons 1 have a profile on Facebook. In 2012, the use of social media intensified in Quebec; indeed, more than three quarters of netsurfers in Quebec visited at lease one social medium or contributed to its content ...

Wardynski & Partners | February 2022

The scope of the insured’s liability (and thus, the insurance companies’ auxiliary liability) is affected not only by national law, but also by EU legislation and case law regarding “use of a motor vehicle.” After a recent Supreme Court resolution, a contradiction between the two has emerged.   Motor insurance is one of the most economically significant types of insurance policies ...

Lavery Lawyers | July 2012

In a unanimous decision rendered on June 22nd , the Supreme Court of Canada confirms the principles previously established by the Court of Appeal: Quebec’s Automobile Insurance Act1 (“Act”) must be given a large and liberal interpretation. In this case, the Court confirms that the mere use of a vehicle as a means of transportation will be sufficient for the Act to apply even if the vehicle is not the cause of the accident ...

Lavery Lawyers | January 2005

On May 14, 2004, the Superior Court rendered judgment in Landry vs. L’Union Vie, Compagnie mutuelle d’assurance1 and allowed the action of the Plaintiff, Ms. Lucie Landry, in which she claimed $50,000 in insurance proceeds following the death of her brother on October 26, 2000, pursuant to a life insurance policy issued by Union Life on July 28, 2000. The case is currently under appeal. The Facts On July 28, 2000, Union Life Mutual Assurance Co ...

DORDA | March 2020

Insurance companies ensure uncertain risks of individuals that may arise in the future and cover such risks with the premiums of the insured community. Once the risk has already occurred or is about to occur immediately and one does not have taken out insurance already, it is not possible to get insurance cover anymore ...

Lavery Lawyers | January 2008

On September 27, 2007, Mr. Justice Jean-Guy Dubois of the Superior Court rendered a judgment interpreting the definition of the word “insured” in an insurance policy, more particularly as regards the exclusion of damages caused to a [Translation] “person living under the same roof ”.(1)The facts:  The parents of plaintiff Hugo Bérard divorced in 2000. Nathalie Gravel, his mother, who was also a plaintiff, had custody ...

Hunton Andrews Kurth LLP | January 2021

Not surprisingly, COVID-19 business interruption insurance disputes dominated media headlines for most of 2020. Nonetheless, there were a number of other insurance rulings that will undoubtedly shape the coverage landscape. Policyholders enjoyed a number of significant wins including significant victories related to COVID-19 business interruption cases. The start of a new year gives us an opportunity to highlight some of 2020’s most notable coverage decisions ...

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