LE QUESTIONNAIRE D'ASSURANCE FAIT UNE AUTRE VICTIME: QUELQUES REFLEXIONS SUSCITEES PAR L'AFFAIRE OUELLET

Abstract

This article critically examines a recent decision of the Quebec Court of Appeal in the case of Ouellet c. L'Industrielle, in which the highest court in the province faced the problem of the non-disclosure of tobacco use. It delineates some aspects of the pre-contractual duty of an insurance applicant to disclose information in accordance with the principle of utmost good faith. Originally the applicantwas viewedas the onlypossible sourceofinformation allowing the insurer to weigh risks adequately. Developments in case law as well as legislation made it necessary to revise establishedprinciples. The author studies the approach used by the courts in evaluating circumstances relevant to the risks, the, effect of the questionnaire on the duty of disclosure, the consequences of incomplete orfalse disclosure and the impact of amendments introduced in the new Civil Code on the initial statement of risks.