CCQ-1991 - Civil Code of Québec

Section 2496 Disposition versions

2014-05-01

2496. Any person who, without fraud, is insured by several insurers, under several policies, for the same interest and against the same risk, so that the total amount of indemnity that would result from the separate performance of such policies would exceed the loss incurred, may be indemnified by the insurer or insurers of his choice, each being liable only for the amount he has contracted for.

No clause suspending all or part of the performance of the contract by reason of plurality of insurance may be set up against the insured.

Unless otherwise agreed, the indemnity is apportioned among the insurers in proportion to the share of each in the total coverage, except with respect to specific insurance, which constitutes primary insurance.

1991, c. 64, a. 2496; I.N. 2014-05-01.

1994-01-01

2496. Any person who, without fraud, is insured by several insurers, under several policies, for the same interest and against the same risk so that the total amount of indemnity that would result from the separate performance of such policies would exceed the loss incurred may be indemnified by the insurer or insurers of his choice, each being liable only for the amount he has contracted for.

No clause suspending all or part of the performance of the contract by reason of plurality of insurance may be set up against the insured.

Unless otherwise agreed, the indemnity is apportioned among the insurers in proportion to the share of each in the total coverage, except in respect of individual insurance, which constitutes first line insurance.

1991, c. 64, a. 2496.