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This imposition of vicarious liability was with a legislative intervention relating to automobile insurance. In the Car insurance Act, adopted within the Insurance Act generally in most provinces, certain features were imposed upon all automobile liability policies.
Specifically, insurers was required to agree to provide cover against liability imposed by law upon the insured named within the contract and each other person who along with his consent personally drives an automobile owned by the insured for loss or damage, arising from the ownership, use or operation with the motor vehicle. How to spend more and save less – here are the findings
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 through the daughter of your named insured owner within a liability policy. More generally, it ensured that, in which the owner had liability insurance, its proceeds were available as compensation for any third party injured or otherwise not caused loss from the negligent operation with the insured vehicle. In other words, 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 primary right of action up against the insurer of the baby – usually 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 from the law or policy terms, or by the invalidity of the policy arising, for example, from a material non-disclosure. Although the insurer may, in some circumstances, claim reimbursement from the insured, the clear purpose of this provision was, and is also, to make money accessible to injured victims. To acquire this benefit victims must still have a tort claim from the insured, but any contractual impediments related to the insured’s rights up against the insurer don’t prevent recovery.