ARTICLE · 03 AUGUST 2022

The Certificate Of Insurance: A Mere Formality Or An Essential Condition?

Robinson Sheppard Shapiro

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On March 10, 2022, the Honourable Bernard Jolin of the Superior Court rendered a judgment dismissing three Wellington applications filed by Hydro-Québec against Lloyd's Underwriters...

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Béatrice D'Anjou

On March 10, 2022, the Honourable Bernard Jolin of the Superior Court rendered a judgment dismissing three Wellington applications filed by Hydro-Québec against Lloyd's Underwriters [Lloyd's]: Perrotta c. Hydro-Québec, 2022 QCCS 1125.

Context and Hydro-Québec's Arguments

In 2016, Hydro-Québec had retained the services of Transelec Common inc. [TCI] as a general contractor to perform certain work on electric poles.

In the contract, TCI undertook to provide to Hydro-Québec a certificate of civil liability insurance covering the construction project. While the work was being carried out, TCI's civil liability was insured by Lloyd's. However, Lloyd's never issued a civil liability insurance certificate to Hydro-Québec.

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