Canada Requires Owner Occupant to Occupy Dwelling for Coverage to Apply
Barry Zalma
Read the full article at https://lnkd.in/g8ccx4Nu and see the full video at https://lnkd.in/g8JD8cnC and at https://lnkd.in/ga_UBCmx and at https://zalma.com/blog plus more than 4400 posts.
In Dang C. v. Industrielle-Alliance, Assurance Auto et Habitation Inc., 2022 QCCA 1739, the Court of Appeal for the Province of Quebec, an opinion in French, provided that Dang was the sole insured under a policy which covered “owner occupant” (“propriétaire occupant“) and “your dwelling” (“votre bâtiment d’habitation“).
Respondent had insured the house since 2012 and in May 2018, the house was damaged by fire. During its investigation, the insurer concluded that appellant had sporadically traveled to the United States from 2013 to 2016 and that she had been living in the United States since February 2016 without any intention to reside in Quebec.
The insurer established with two independent insurance company representatives that they would not have renewed the policy had they known that the insured did not have any intention of coming back to live in the house.
The Court of Appeal Decision
The Court concluded that “owner occupant” must be interpreted according to its ordinary meaning and in a manner which an ordinary person who seeks insurance would understand. The Court of Appeal also added that it would not intervene in the decision of the trial judge to retain the testimony of the two independent insurance company representatives to support the decision to annul the policy.
The word “occupant” adds to the word “owner” the notion of living in the house insured. Furthermore, the expression “your dwelling” confirms the meaning which the insurer intended on giving to its contract which, until February 2016, conforms to what the Dang wanted to insure, her house in Trois-Rivières.
The insurer satisfied its burden of establishing that the insured no longer was “owner occupant” of the house.
ZALMA OPINION
Our neighbors in Canada agree with the courts in the U.S. that a policy that insures a residence premises and requires the insured to occupy the residence for coverage to apply. This insured moved countries and became a permanent resident of Texas, she was not living in the home in Quebec and therefore the risk insured was changed and she could recover nothing under the policy. Ms. Dang hid the change from her insurer and lost.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
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Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected]
Write to Mr. Zalma at [email protected]; http://www.zalma.com; http://zalma.com/blog; daily articles are published at
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By Barry Zalma
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Post 5434
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See the full video at https://lnkd.in/g-ZtsSgK and at https://lnkd.in/ghMBdYWR
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In Farmers Insurance Exchange, a California Reciprocal Insurance Exchange, The Superior Court For The County Of San Bernardino, Kathleen Ann Wood, E087128, California Court of Appeals, (July 9, 2026) Farmers Insurance Exchange insured Doyle Archer under an automobile policy with bodily injury limits of $15,000 per person and $30,000 per accident.
FACTUAL BACKGROUND
Archer rear-ended Kathleen Ann Wood at a red light, causing Wood to assert a bodily injury claim against him. Wood’s counsel sent Farmers a pre-litigation settlement demand offering to resolve Wood’s claim for the available policy limits, stating that if the $100,000 demand exceeded the policy, the offer was for the policy limits.
Farmers timely responded in writing, agreed to pay Wood the $15,000 per-person policy limit, and provided the requested ...
Policy Limits Demand Accepted Settles Claim
Post 5434
Posted on August 26, 2026 by Barry Zalma
See the full video at https://lnkd.in/g-ZtsSgK and at https://lnkd.in/ghMBdYWR
A Contingent Offer Accepted Ends the Dispute
In Farmers Insurance Exchange, a California Reciprocal Insurance Exchange, The Superior Court For The County Of San Bernardino, Kathleen Ann Wood, E087128, California Court of Appeals, (July 9, 2026) Farmers Insurance Exchange insured Doyle Archer under an automobile policy with bodily injury limits of $15,000 per person and $30,000 per accident.
FACTUAL BACKGROUND
Archer rear-ended Kathleen Ann Wood at a red light, causing Wood to assert a bodily injury claim against him. Wood’s counsel sent Farmers a pre-litigation settlement demand offering to resolve Wood’s claim for the available policy limits, stating that if the $100,000 demand exceeded the policy, the offer was for the policy limits.
Farmers timely responded in writing, agreed to pay Wood the $15,000 per-person policy limit, and provided the requested ...
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See the full video at https://lnkd.in/gWQQEySW and at https://lnkd.in/gyhdK6wv
This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is one of a collection designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is one of a collection designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
After ...
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Post 5485
Posted on September 8, 2026 by Barry Zalma
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The United States Court of Appeals for the Ninth Circuit certified the following question to this Court:
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FACTUAL BACKGROUND
Mainspring owned commercial property leased to Star Fisheries for decades. Star Fisheries’ use of water and salt allegedly caused structural damage over time. In 2010, Mainspring learned of damage and made some repairs but did not implement all recommended preventive measures. In 2021–2022, additional similar structural damage was discovered, and ...
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