This imposition of vicarious liability was accompanied by a legislative intervention relating to automobile insurance. In the Car insurance Act, adopted included in the Insurance Act in many provinces, certain features were imposed upon all automobile liability policies.
In particular, insurers was required to agree to provide cover against liability imposed by law upon the insured named in the contract and each other person who together with his consent personally drives a vehicle owned by the insured for loss or damage, due to the ownership, use or operation of the motor vehicle. How to spend more and save less – check this out
This provision addressed the problem posed by the most popular law element privity of contract which had caused the Privy Council to deny the claim for indemnity by the daughter of your named insured owner within liability policy. More generally, it ensured that, in which the owner did have liability insurance, its proceeds were available as compensation to get a third party injured or otherwise caused loss through the negligent operation of the insured vehicle. Put simply, it made compensation extensively available.
An especially significant statutory modification of common law contract rules would be a provision giving a wounded third party a direct right of action up against the insurer of the person – normally the automobile owner – primarily liable. Unlike the direct action provided by respect to non-automobile insurance, the right of action in automobile cases isn’t prejudiced by the insureds violation of the law or policy terms, or from the invalidity of the policy arising, as an example, from a material non-disclosure. Although the insurer may, in certain circumstances, claim reimbursement from the insured, the clear intent behind this provision was, and is, to make money available to injured victims. To obtain this benefit victims must still need a tort claim against the insured, but any contractual impediments related to the insured’s rights from the insurer do not prevent recovery.
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