Wednesday, October 04, 2006

Insurance on Property - 1.6

A company operates two retail stores: one in Winnipeg, the other in Quebec City. The owner asks the broker to obtain a single fire insurance policy to insure merchandise at each store. (Separate amounts of insurance are given.)
a) What main article in the Civil Code of Quebec will the broker consider in selecting the insurer to issue the policy? Why?
b) What legal requirements must the insurer bear in mind in issuing such a policy?

Answer:
a) The broker need to consider the Article 3119 of the Civil Code of Quebec. This article allows properties located in Quebec and in other provinces can be insured under one policy, as long as the insured property locates in Quebec, or the interest of the insured or other interested party situates in Quebec, or the insured applies the insurance in Quebec or the insurer issues the policy in Quebec.
b) When the insurer issues such a policy which covers property in Quebec City and in Winnipeg, the insurer must include both Statutory and General Conditions in the policy. The Statutory Conditions may include a statement that they do not apply to the merchandise at the retail store in Quebec City. And the General Conditions may include a statement that they apply only to the merchandise at the retail store in Quebec City.

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