Ice storm 1998: settlement with the 15 other insurers
Following the 1998 ice storm, Option consommateurs filed a class action against 19 insurance companies. The class action seeks to compensate consumers whose homes became uninhabitable during the 1998 ice storm, and whose insurance contracts provided coverage for additional living expenses.
Additional living expenses
If your home becomes uninhabitable as a result of a covered loss, the expenses you incur to maintain your usual standard of living are generally considered additional costs, such as room and board, up to a certain amount. These costs must be necessary and reasonable.
Agreement with 15 insurers
Option consommateurs has reached an agreement with 15 insurance companies that were the subject of this class action. The 15 insurers are:
- Allstate Canada
- General accident, AVIVA
- Desjardins, General Insurance
- Industrial Alliance
- La Capitale General Insurance
- Liberty Mutual Insurance Company
- Missisquoi Insurance Company
- Société nationale d'assurances (SNA), OPTIMUM
- Promutuel Verchères
- The Personal General Insurance (formerly Security General Insurance)
- SSQ General Insurance Company
- Traders general, Insurance company
- Canadian Union
- Unique general insurance company
- Wawanesa
The agreement
These insurance companies have agreed to pay $40 million without admission of liability.
Members covered by this agreement
You are covered by this agreement if you meet both of the following conditions:
- In 1998, you held a home insurance policy with one of the 15 insurance companies mentioned above at the time of the ice storm.
- You live in one of the 640 municipalities affected by the action.
Next steps
This agreement must be approved by the Quebec Superior Court at a hearing to be held at the Montreal courthouse on October 25. To view the notice of pre-approval, click here.
How to exclude yourself
If you do not wish to be bound by this agreement, you may exclude yourself from the group. To do so, you must send a letter to the clerk of the Quebec Superior Court. This letter must contain the following information
- The file number: 505-06-000006-002
- Your name, address and telephone number
- A statement to the effect that you wish to opt out of the agreement
- Your signature.
You must send your letter by registered or certified mail no later than October 21, 2013, to the following address:
Office of the Superior Court of Quebec
MONTREAL COURTHOUSE
File 505-06-000006-002
1 Notre-Dame Street East
Montreal, Quebec H2Y 1B6
To be compensated
To receive the compensation to which they are entitled, members covered by this agreement have no specific steps to take. However, members who have moved since the 1998 ice storm must notify us of their new address by consulting this website or by calling us toll-free at 1-866-288-3683. This must be done no later than January 31, 2014.
Who represents Option consommateurs ?
Option consommateurs is represented by the law firm Sylvestre Fafard Painchaud (Me Jean-Pierre Fafard), by Me Marie-Michèle Dion and by Me Louise Denoncourt.
Notice to members (dated March 4, 2014). The file number appearing on the $50.92 cheque and accompanying letter should read: 500-06-000006-002.
To find out more
We are unable to contact each of you individually. To find out more about this issue, please visit the following websites:
-Prosecutors d'Option consommateurs
- Manager change of address
- Press release
-Municipalities
-Frequently asked questions
-Agreement
Agreement with Intact Group
It should be noted thatOption consommateurs had already reached an agreement with the four other insurance companies involved in the Verglas 1998 class action, namely :
- Allianz Insurance Company of Canada
- AXA Assurances
- ING Insurance Company of Canada (Commerce Group)
- Belair Insurance Company (Belairdirect)