This imposition of vicarious liability was accompanied by a legislative intervention associated with automobile liability insurance. In the Car insurance Act, adopted included in the Insurance Act generally in most provinces, certain features were imposed upon all automobile liability policies.
Particularly, insurers were required to agree to provide cover against liability imposed for legal reasons upon the insured named in the contract each other person who together with his consent personally drives an automobile owned by the insured for loss or damage, due to the ownership, use or operation from the motor vehicle. How to spend more and save less – her explanation
This provision addressed the issue posed by the common law dependence on privity of contract which had caused the Privy Council to deny the claim for indemnity through the daughter of a named insured owner within a liability policy. More generally, it ensured that, where the owner did have liability insurance, its proceeds were available as compensation for a third party injured or else caused loss from the negligent operation from the insured vehicle. Quite simply, it made compensation more widely available.
An especially significant statutory modification of common law contract rules was a provision giving an injured third party a direct right of action from the insurer of the individual – 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 by the invalidity of the policy arising, for example, from a material non-disclosure. Although the insurer may, in a few circumstances, claim reimbursement in the insured, the clear reason for this provision was, and it is, to make money accessible to injured victims. To have this benefit victims must have a tort claim from the insured, but any contractual impediments related to the insured’s rights against the insurer usually do not prevent recovery.