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ARTICLE · 29 APRIL 2020

Post-Loss Investigation – The Insured's Cooperation Is Not Optional

The insured's duty to cooperate in a post-loss investigation includes the duty to provide accurate information from the outset.

CanadaInsurance

The insured's duty to cooperate in a post-loss investigation includes the duty to provide accurate information from the outset.

The insurer's post-loss investigation is an essential component of the indemnification process. Depending on the circumstances, however, it can be complex and give rise to conflict between the insurer and the insured regarding the scope of their respective obligations.

In Anderson c. Intact, compagnie d'assurances, the Court of Appeal of Quebec was specifically asked to rule on the appeal of an insured, whose action against his insurer for payment of an insurance indemnity was dismissed due to his lack of cooperation with the insurer's investigation.

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