What is the impact of independent adjusters on an insurance claim?
Ontario, Canada
The following excerpt is from 688857 Ontario Limited v. Aviva Insurance Company of Canada, 2018 ONSC 5891 (CanLII):
In relation to the significance of the involvement of an independent adjuster, as was the case here, the following comment by Cumming J. in Bullock v. Trafalgar Insurance Co. of Canada, [1996] O.J. No. 2566, at para. 131 is apposite: Because the adjuster for the insurer is the agent of the insurer, in fulfilling the insurer's duty to the insured to investigate, the adjuster's actions or inaction will determine whether or not the insurer has met its obligations to the insured under the insurance contract.
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