This appeal concerned an accident insurance exclusion denying benefits if an accident occurred while the insured was participating in an indictable offence.
The insured died in a motorcycle accident while being chased by police, and the offences at issue were hybrid offences.
The Court held that art. 2402 of the Civil Code of Québec applies only to offences punishable exclusively by indictment, not hybrid offences.
The exclusion could not be invoked against the insured’s heirs, and the appeal was dismissed with costs.
