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CCQ-1991 - Civil Code of Québec

Section 2620
Disposition versions

Full text
2620. Where the insurer indemnifies the insured for a total loss, either of the whole, or, in the case of goods, of any apportionable part of the insured property, he becomes entitled to take over the interest of the insured in whatever may remain of the property so insured and he is thereby subrogated to all the rights and remedies of the insured in and in respect of the insured property from the time of the event causing the loss.
However, where the insurer indemnifies the insured for a particular average loss, he acquires no right to the insured property, or to any part of it that may remain, but he is thereupon subrogated to all rights and remedies of the insured in or in respect of the property from the time of the event causing the loss, up to the indemnity paid.
1991, c. 64, a. 2620; I.N. 2014-05-01; 2016, c. 4, s. 295.
2620. Where the insurer pays for a total loss, either of the whole, or, in the case of goods, of any apportionable part of the insured property, he becomes entitled to take over the interest of the insured in whatever may remain of the property so paid for and he is thereby subrogated to all the rights and remedies of the insured in and in respect of the insured property from the time of the event causing the loss.
However, where the insurer pays for a particular average loss, he acquires no right to the insured property, or to any part of it that may remain, but he is thereupon subrogated to all rights and remedies of the insured in or in respect of the property from the time of the event causing the loss, up to the indemnity paid.
1991, c. 64, a. 2620; I.N. 2014-05-01.
2620. Where the insurer pays for a total loss, either of the whole, or, in the case of goods, of any apportionable part of the insured property, he becomes entitled to take over the interest of the insured in whatever may remain of the property so paid for and he is thereby subrogated to all the rights and remedies of the insured in and in respect of the insured property from the time of the event causing the loss.
Subject to the foregoing provisions, where the insurer pays for a particular average loss, he acquires no right to the insured property, or to any part of it that may remain, but he is thereupon subrogated to all rights and remedies of the insured in or in respect of the property from the time of the event causing the loss, up to the indemnity paid.
1991, c. 64, a. 2620.
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