What is the state of the law in BC when it comes to the defence of an insured who rejects a reasonable offer from the insured?
British Columbia, Canada
The following excerpt is from Garib v. Archibald, 2016 BCSC 1082 (CanLII):
The defendants say that in this case the insured did not use its financial strength to take unfair advantage of the plaintiff and the plaintiff was able to fully prosecute her claim. It also points out that it is not the court’s function to ensure that a plaintiff who rejects a reasonable offer recovers money from an action: Minhas v. Sartor, 2014 BCSC 47 at para. 99.
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