OC. v. Desjardins Sécurité Financière, compagnie d'assurance-vie (cancer protection)
Option consommateurs has initiated a class action against Desjardins Sécurité Financière, compagnie d'assurance-vie (Desjardins). Desjardins is accused of adding coverage in the event of a cancer diagnosis to members' savings life insurance, and of increasing their premiums without their consent.
Theclass action website seeks reimbursement of premiums paid for cancer protection, in addition to payment by Desjardins of damages and punitive damages.
Option consommateurs is represented by Belleau Lapointe.
Anyone who took out a savings life insurance policy before 1er June 2016 to which Desjardins has automatically added cancer protection on or about the 1er June 2016 and who has not made a claim under this coverage.
Where we are
Option consommateurs and Desjardins have agreed to settle this matter out of court class action.
Under the terms of the settlement agreement, DFS will reimburse all premiums collected between 1stJune 2016 and November 24, 2023 to each eligible class member who submits a valid claim and waives cancer coverage retroactively, provided the member never wanted it (less a portion of class counsel fees and the amount payable to theFonds d'aide aux actions collectives). The claims period is underway and will end on February 22, 2024.
The settlement agreement also provides for DFS to pay $3 million to charitable organizations as indirect compensation to class members, after payment of disbursements and a portion of class counsel's fees, and to pay costs related to the agreement.
On September 19, 2023, the Quebec Superior Court rendered a judgment approving the preliminary orders sought for the approval hearing of the settlement agreement.
To take effect, the settlement agreement must be approved by the Court. A hearing will be held on this matter, as well as on the application for approval of class counsel's fees and disbursements, on December 4, 2023.
Eligible members of this class action can now submit a claim on the following website: https://www.ey.com/fr_ca/strategy-transactions/reshaping-results/desjardins-cancer-coverage