Contrat d’assurance (Québec)

A Quebec insurance contract (contrat d’assurance) is a legal agreement governed by articles 2389 through 2628 of the Code civil du Québec (CCQ) whereby an insurer (assureur) undertakes to pay benefits to the insured (assuré) or a third party beneficiary upon the occurrence of a specified insured event, in exchange for the payment of premiums. Quebec insurance law is unique in Canada as it is governed by civil law principles rather than common law, creating distinct obligations for both parties. The CCQ establishes comprehensive rules for different types of insurance including damage insurance (assurance de dommages) covering property and liability risks, and insurance of persons (assurance de personnes) covering life and health. A fundamental principle of Quebec insurance law is the duty of utmost good faith (bonne foi) that applies to both the insurer and the insured throughout the entire contractual relationship, from the initial application through claims handling and termination.

A Quebec insurance contract is needed whenever an individual or business in Quebec requires financial protection against specified risks. This includes property owners seeking coverage for their buildings, vehicles, or other assets against damage, theft, or loss. Businesses need insurance contracts to protect against professional liability, commercial general liability, and business interruption risks. Individuals require insurance contracts for life insurance, disability insurance, and health insurance coverage beyond what is provided by the Régie de l’assurance maladie du Québec (RAMQ). The contract is essential when a policyholder wants to clearly document their coverage terms, premium obligations, deductible amounts, and exclusions. It is also necessary when establishing the claims procedure, notification requirements, and the respective obligations of the insurer and insured in the event of a loss. Given the strict disclosure requirements under CCQ art. 2408-2413, a properly drafted insurance contract ensures both parties understand their obligations.

Key elements of a Quebec insurance contract include the identification of the contracting parties (insurer and insured) with their legal names and contact information. The declaration of risk (déclaration du risque) is fundamental, requiring the insured to honestly disclose all material facts under arts. 2408-2413 CCQ, with failure to disclose potentially resulting in contract nullity. The contract must specify the type of insurance (property, liability, life, health), the subject matter of the insurance, and the insured risk. Coverage terms including the policy period, coverage limits, and territorial scope must be clearly stated. Premium details include the amount, payment frequency, and consequences of non-payment. The deductible (franchise) establishes the portion of any loss borne by the insured. Exclusions define circumstances or events not covered by the policy. Claims procedures detail notification requirements (art. 2470-2472), documentation obligations, and the duty to minimize loss (art. 2464). Subrogation provisions under art. 2474 allow the insurer to pursue third parties responsible for the loss. The contract should also address policy renewal, cancellation procedures, and the applicable law clause specifying Quebec jurisdiction.