What is the standard of conduct of an experienced insurance adjuster?
British Columbia, Canada
The following excerpt is from Boyes v. Neuman, 1997 CanLII 1183 (BC SC):
It is conceded on behalf of the defendants that the principle quoted in Smyth v. Szep (supra) with reference to the conduct of an experienced insurance adjuster is the appropriate standard to apply. Consequently, one should look at the circumstances to determine whether they are fair on the basis of what was known to the adjuster or were within his means of knowledge or, in terms of Morrison v. Coast Finance (supra) to inquire to determine whether there has been proof of substantial unfairness of the bargain obtained.
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