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Property insurance – A building’s vacancy and previous fires are aggravations of risk:

November 2015 Donati Maisonneuve, Quebec

Boucher v. Promutuel Deux-Montagnes, 2015 QCCS 3296

During the term of their property insurance coverage the plaintiffs neglected to report to their insurer that a number of fires had occurred in different insured buildings located on their property. They also neglected to mention that the building had been vacant since the fires occurred. Upon learning of the fires and of the building’s vacancy, the insurer sought the termination of the policy retroactive to the date the building became vacant. In its opinion, this is an aggravation of risk, and if it had known, it would have terminated the policy as a result. The Court ruled in favour of the insurer.

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