British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

This was an appeal of a decision granting the Respondent’s motion for summary judgment which dismissed the Appellant Insured’s action against an Insurer’s adjuster. The Court of Appeal granted the appeal holding that an adjuster may incur personal liability in tort if he or she engages in bad faith conduct that brings about the rejection of a valid claim for no-fault accident benefits under a standard contract of auto insurance.

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An insurer was ordered to provide a defence to an insured despite the fact that the plaintiff’s pleadings may have been manipulated in order to trigger insurance coverage. The insurer was also ordered to pay for separate counsel for the insured as a result of a reasonable apprehension of conflict of interest.

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The failure by the Defendant to keep his dog contained in the rear of his pick-up truck raised a causal connection between the injury to the Plaintiff who was bitten by the dog and the use of the truck. This satisfied the requirement that the Plaintiff’s injury arose out of the "use of" the vehicle such that both ICBC and a comprehensive personal liability insurer were jointly obligated to defend the Insured.

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An excess loss insurer was ordered to pay the primary insurer a portion of the costs incurred for the defence of an insured whom both insurers were required to defend.

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