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Changes to Quebec Civil Code & its impact on D&O insurance

The Regulation, which came into effect in early May, outlines the civil liability insurance contracts and classes of insureds that may derogate from the portion of the Civil Code of Quebec, which provides for the uncapped duty to defend.
Quebec town

April 20th, 2022, was a historic day for Quebec-based corporations, with the official publication in the Gazette Officielle du Québec of a new Regulation.

The Regulation, which came into effect in early May, outlines the civil liability insurance contracts and classes of insureds that may derogate from the portion of the Civil Code of Quebec, which provides for the uncapped duty to defend. This is a welcome change for both the impacted Quebec-domiciled corporations and insurers, as it may help bring insurance capacity back into the market and may allow policyholders some contractual freedom. Our FINPRO team is working with our insurer partners to evaluate the implications to Directors & Officers insurance for companies impacted by the Regulation. 

Key considerations include:

  • Potential impact to program structures?
  • Will new D&O capacity come to Quebec?
  • How will this development impact premiums? 
  • Are current limits adequate given the changes?

Download our whitepaper for more information on this new initiative