FAQ – Home Insurance
Inventory and replacement of property
Yes, if you wish to be paid based on the replacement value and if this coverage is included in your contract. However, you may choose to replace only certain items. The settlement for property that is not replaced is calculated by taking the replacement cost less depreciation, based on the service life of the item.
To benefit from a replacement cost settlement, you should replace, repair or rebuild the property within a reasonable time frame following the loss.
You don't have to wait for your payment if your contract provides for the cost of replacement. This value represents the replacement cost of the items less an amount for depreciation.
Upon receipt of the invoices for the replaced items, we will reimburse the difference between the initial payment and the actual replacement cost. The replacement cost reflects the cost of an item that is similar in nature and quality to the damaged item.
When replacing your belongings, you may also choose to deal with a supplier from our trusted network. In that such case, we will pay the replacement cost directly to that supplier.
The applicable deductible will be taken from the indemnity paid.
Repair costs of the premises
You can choose to do the cleanup yourself or hire a specialized cleaning company from our trusted network. If you decide to do the cleanup yourself, we will compensate you for the work done.
Yes, you can do the repair work yourself. Before you get started, we’ll have to visit the premises to assess the damage to your insured property. Once we estimate the repairs needed, your claims adjuster will notify you of the settlement amount.
How coverage works
Experience has shown us that in the years following a loss, the likelihood of incurring another loss is greater. Which means the more home insurance claims you have on file, the more likely you are to make another claim, and the more likely your premium will increase.
Your iPad is covered under home insurance because its use is not limited to the vehicle.
To be covered under your car insurance, the item must be linked to the use of the insured vehicle. The following are covered under auto insurance:
- items that are fastened (and not simply plugged) to the vehicle at the time of the loss (i.e. a luggage rack).
- vehicle parts that are removed temporarily or used only seasonally.
- items that are used for the maintenance of the vehicle (i.e. a snow brush).
- items that can be attached to the lighter only (i.e. a 12-volt compressor)
All home insurance policies include coverage limits, personal property and risks that are never covered, and terms and conditions specific to certain risks or types of coverage. The insurance policy you received includes detailed information. Our customer service team is here for you if you need more information.
Under the Civil Code of Quebec, the insurer has sixty (60) days to settle a claim. This period begins only after the insurer has received all the relevant information and required supporting documents. The vast majority of Beneva claims are settled within this prescribed time.
Yes. Your home insurance policy includes personal liability insurance. This insurance protects you in cases where you must pay a third party for accidental property damage or bodily injury sustained during the term of the policy and for which you are held personally liable. The indemnity limit is set out in the Declarations section of your policy. Certain everyday activities may be excluded, check your policy.
For any type of claim, you will be responsible for the deductible set out in the Declarations of your insurance policy. During the investigation, the adjuster will determine if there is any possible recourse. If so, he or she will inform you of the steps to obtain the reimbursement of your deductible.
Legal problems related to property
No. If it’s possible to withhold a portion of the money, the amount must correspond to the value of the work remaining to be done. For example, say you gave someone a $10,000 contract and you’ve paid a $2,000 instalment. The work is almost complete except for , a few minor things. You must pay the contractor $8,000 minus the value of the work remaining to be done.
- If your lease is of an unspecified duration (with no end or renewal date), you must give one month's notice.
- If your lease is of a specified duration, which is often the case, you must abide by its terms until it expires unless you come to an agreement with the landlord.
- In certain situations provided for by law, it is possible to break a lease before it expires. Consult a lawyer or the (Quebec’s housing tribunal) to know your rights.
You could transfer your lease or sublet your apartment. If so, you would have to find a new tenant, enter into an agreement with them and inform the landlord, as provided by law.
No. You cannot withhold some of your rent, even if the landlord is not living up to his or her agreement. Contact the Tribunal administratif du logement instead for information on what you can do.
The law does not prohibit tenants from having pets. However, the lease or building regulations may prohibit or limit this right (e.g. no dogs). One exception: a service animal, such as a guide dog for someone who is blind.
If you’re allowed to have a pet, it must not disturb your neighbours.
The fact that you are occupying an apartment with the landlord's consent constitutes a lease. You are therefore protected by law as if you had a written lease. If the agreement does not specify a duration or renewal date, it may be deemed a lease of unspecified duration.
No. The sharing of family assets applies only to couples who are married. Therefore, if ownership of the house is only in the name of one of the spouses, the other spouse has no rights to the house in the event of separation.
Yes, if the visitor is a prospective buyer of the property. If you are not renewing your lease and the visitor is a future tenant, the landlord is not required to give you notice. A few hours’ notice is sufficient in such case.
No. The tree and its branches belong to your neighbour. You cannot cut the tree branches without your neighbour's consent. You can ask a court to order your neighbour to cut the tree branches, if they refuse. To get a court order, you will have to prove that the branches are seriously interfering with your use of your property. That would be the case if, for example, sap from the tree caused extensive damage to your vehicle.
Unless there is an agreement to the contrary, the buyer pays the notary fees for the transaction. However, the seller pays the fee for a discharge, if there is a mortgage on the property
You must first notify the seller in writing, within a reasonable time frame. You must also give the seller an opportunity to see the defect and determine how serious it is before starting the repair work. You must then call in an expert to appraise the nature of the problem, the repairs required and the anticipated costs. The appraisal makes it possible to confirm whether or not it is a hidden defect, i.e. a problem that:
- existed prior to sale
- was unknown to you
- was invisible and
- is serious
If you are not able to reach an agreement with the seller, you can take legal action within three years from the time you discover the hidden defect. Note: If you bought the building without a guarantee against hidden defects, you cannot take legal action.
Since each case is unique, it’s best to contact us so we can to discuss your situation.
Yes. The buyer can take legal action against you if he or she is able to demonstrate that you knew about the hidden defect but neglected to declare it or that you deliberately neglected to indicate it in the declarations by the seller.
As a home owner, you can install a fence or hedge completely on your side of the dividing line, at your expense. But if the fence or hedge is on the dividing line, you can oblige your neighbour to share the costs.
If you do not come to an agreement with your neighbour and want to oblige him or her to pay a portion of the costs of installing the fence or hedge on the dividing line, you need to get a court order before carrying out the work.
Yes. You must give your tenant a copy of the lease within 10 days following the conclusion of your agreement. If you don't, a verbal lease is still a valid contract. In that case, the rules of the Tribunal administratif du logement apply.
No. You can only request payment for the first month’s rent. If tenants cause damage during the lease period and refuse to reimburse you for the repairs, you must contact the Tribunal administratif du logement to claim a reimbursement.
Your premiums won’t increase because you make a home claim, or even two. Your premiums, however, could increase slightly from year to year as a result of rate adjustments or in response to inflation.
That depends on the situation. Here are two possibilities:
- If the reimbursement is paid to you, the deductible will be taken from this payment.
- If not, you have to pay the deductible to the contractor hired for repairs.
If you unintentionally cause material or physical damage to another person, you have a legal obligation to remedy the damage. This often represents substantial compensation amounts, which civil liability insurance protects you from having to assume.
This protection would also cover you if you had to defend yourself in court after being served a formal notice, alleging your civil liability. We would bear the expenses of your defence, including your lawyer’s fees and court costs.
Call us promptly and take photos of the damage!
We’ll check if you have the optional coverage required to cover your hot tub or pool. You’ll need to have the following information when you call:
- make, model and dimensions of the pool or hot tub
- purchase price, date and location
- bill of sale, if available
La Capitale and SSQ Insurance
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