Does an adjuster owe a duty of good faith to the insured?
Alberta, Canada
The following excerpt is from Abbasi v. Portage La Prairie Mutual Insurance Co., 2003 ABQB 760 (CanLII):
In Burke v. Buss [2002] O.J. No. 2938 [Burke], the Ontario Superior Court of Justice held that the issue of “whether an employee of [the insurance company] owed a duty of good faith to the plaintiff,” was “purely a matter of law” (at para. 6). If it is “plain and obvious,” as a matter of law, that an adjuster does not owe a duty of good faith to an insured, this would be an appropriate case for striking out. But such is not the case: the authorities conflict.
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