LRC Reports

Insurance Act, Section 26(1) (1992)

Keywords: injury; damage; economic; pecuniary; loss; compensation; insurer third party; direct; action; insurance; Insurance Act; Insurance (Motor Vehicle) Act

A person who suffers loss caused by an insured person is able to claim directly against the insurer if the insured is unwilling or unavailable to claim against the policy. This ability is drawn from section 26 (1) [now section 24 (1)] of the Insurance Act and is crucial in certain situations, although it does not operate in some cases, such as pure economic loss. This project discusses revising section 26 (1) to extend to any insurable loss with respect to which there is a judgment against the insured.

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