Subrogationallows an insurer that has indemnified an insured to pursue recovery from the partylegally responsiblefor the loss. It prevents the insured from collecting twice and shifts the financial burden back to the negligent third party. Subrogation is a fundamental principle tied to indemnity.
Option A describes insurer action in fraud cases—not subrogation.
Option B is incorrect; deductibles are always retained by the insured, not reimbursed later.
Option C describes a release or waiver, not subrogation.
Thus, the correct definition isD.
[Insurance as a Contract – Utmost Good Faith / Material Facts]
In their property insurance application, a Quebec client stated there wasnohome business. The underwriter binds the policy without knowing the client runs a daycare in a detached garage. If a loss occurs, will there be consequences?
A. Yes; any claims will be subject to an increased deductible depending on the size of the loss
B. No; as long as the homeowner has at least three years’ experience in the business
C. Yes; if the concealment is proven it could result in the contract being nullified
D. No; in-home businesses with a low to medium hazard grade do not affect eligibility
Answer: C
Insurance contracts rely on the principle ofutmost good faith, requiring applicants to disclose allmaterial facts—facts that would influence an underwriter’s decision to accept, decline, or rate a risk. Operating a home daycare is unquestionably amaterial change in exposure, as it increases traffic, liability hazards, and occupancy risk. Even though the daycare is conducted in a detached garage, it still forms part of the premises insured.
If the clientmisrepresentsorfails to disclosethis information, and the insurer can prove concealment, the insurer mayvoid the policy ab initio (from the beginning)or deny the claim. This applies in Quebec as well, whose Civil Code also requires truthful disclosure of material risks.
Options A and B describe conditions that do not exist in Canadian property insurance.
Option D is incorrect because even low-hazard home businesses must be disclosed.
Thus,Cis correct.
