Appellant
Respondent
Background: The case focused on whether Brar could sue Feng personally for bad faith in handling her insurance claim for Part 7 benefits following a motor vehicle accident on November 25, 2018. After the accident, Brar sought no-fault insurance benefits under the Insurance (Vehicle) Act from ICBC. Feng, as the claims examiner, was responsible for administering her claim. Brar alleged that Feng failed to respond to her communications in 2019 and 2020 and did not handle her claim fairly or promptly. She sued Feng personally, alleging negligence, tortious conduct, and bad faith.
Legal Issues: The key issue was whether sections 30(2) and 30(3) of the Insurance Corporation Act barred Brar's claim against Feng personally, mandating that such claims be directed at ICBC instead. Brar argued that section 30(3) should allow her to sue Feng for bad faith, while the respondent argued that the statute barred all personal claims related to insurance operations.
Court’s Findings: The Court affirmed the lower court's decision, interpreting section 30(2) as prohibiting actions against individuals like Feng for enforcing insurance claims. Section 30(3) did not create an exception for bad faith claims. The court concluded that Brar’s claim should have been brought against ICBC, not Feng.
Outcome: The appeal was dismissed. No costs or damages were awarded to Brar, and she was granted the opportunity to amend her claim to pursue ICBC instead of Feng.
Court
Court of Appeals for British ColumbiaCase Number
CA48551Practice Area
Insurance lawAmount
Winner
RespondentTrial Start Date
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