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.
Walsh v. Nicholls, [2004] N.B.J. No. 281, New Brunswick Court of Appeal