H-4.1, r. 8 - Regulation respecting the practice of the profession of bailiff within a partnership or a joint-stock company

Section 10 Disposition versions

2016-01-01

10. The security must include

(1)  an undertaking by the insurer to pay in lieu of the partnership or joint-stock company, over and above the amount of the security to be furnished by the bailiff pursuant to the Règlement sur l’assurance de la responsabilité professionnelle de la Chambre des huissiers de justice du Québec (chapter H-4.1, r. 2) up to the amount of the security, any sum that the partnership or joint-stock company may be legally bound to pay to third parties on a claim filed during the coverage period and arising from fault on the part of the bailiff in the carrying on of professional activities within the partnership or joint-stock company;

(2)  an undertaking by the insurer to take up the cause of the partnership or joint-stock company and defend it in any action against it and to pay, in addition to the amounts covered by the security, all expenses and legal costs of actions against the partnership or joint-stock company, including those of the inquiry and defence and interest on the amount of the security;

(3)  an undertaking by the insurer that the security is not less than $1,000,000 per claim and not less than $1,000,000 for all claims per annual coverage period, regardless of the number of members in the partnership or joint-stock company;

(4)  where a bailiff carries on alone all professional activities within a joint-stock company, an undertaking by the insurer that the security is not less than $500,000 per claim and not less than $1,000,000 for all claims per annual coverage period; and

(5)  an undertaking by the insurer to give the secretary of the Order a 30-day prior notice of intent to terminate the coverage, to modify it with respect to any of the conditions set out in this section or not to renew it.

O.C. 646-2009, s. 10; I.N. 2016-01-01 (NCCP).

2012-09-01

10. The security must include

(1)  an undertaking by the insurer to pay in lieu of the partnership or joint-stock company, over and above the amount of the security to be furnished by the bailiff pursuant to the Règlement sur l’assurance de la responsabilité professionnelle de la Chambre des huissiers de justice du Québec (chapter H-4.1, r. 2) up to the amount of the security, any sum that the partnership or joint-stock company may be legally bound to pay to third parties on a claim filed during the coverage period and arising from fault on the part of the bailiff in the carrying on of professional activities within the partnership or joint-stock company;

(2)  an undertaking by the insurer to take up the cause of the partnership or joint-stock company and defend it in any action against it and to pay, in addition to the amounts covered by the security, all legal costs of actions against the partnership or joint-stock company, including the costs of the inquiry and defence and interest on the amount of the security;

(3)  an undertaking by the insurer that the security is not less than $1,000,000 per claim and not less than $1,000,000 for all claims per annual coverage period, regardless of the number of members in the partnership or joint-stock company;

(4)  where a bailiff carries on alone all professional activities within a joint-stock company, an undertaking by the insurer that the security is not less than $500,000 per claim and not less than $1,000,000 for all claims per annual coverage period; and

(5)  an undertaking by the insurer to give the secretary of the Order a 30-day prior notice of intent to terminate the coverage, to modify it with respect to any of the conditions set out in this section or not to renew it.

O.C. 646-2009, s. 10.