This article addresses the question of the interpretation of base-claim clauses in Quebec insurance law. Defined mainly by the doctrine as clauses whose effects consist in assimilating the claim to the claim of the victim, the use of base-claim clauses raise several questions as to their legality on reading articles 2396 of the civil code and 2414 of the same. coded. While the first defines the claim as a damaging event, the second article states the relative public order nature of the provisions of Chapter XV of Title 2 of Book V of the Civil Code, among which is Article 2396 of the Civil Code. Article 2414 states that the provisions of Chapter XV may be subject to a derogation if this benefits the policyholder, the insured, the beneficiary or does not infringe the rights of third parties. However, one of the main effects of base-claim clauses is to considerably restrict the direct action of the third party towards the insurer but, also, to place on the back of the insured the lack of diligence of the injured third party.
In the silence of the law, it is then up to the courts to assess the compliance of the basis-claim clauses with public order set out in article 2414 through virtual public order. This article attempts to suggest means of interpretation aimed at establishing the illegality of base-claim clauses.