This imposition of vicarious liability was along with a legislative intervention relating to automobile insurance. In the Car insurance Act, adopted included in the Insurance Act in most provinces, certain features were imposed upon all automobile liability policies.
Specifically, insurers was required to agree to provide cover against liability imposed for legal reasons upon the insured named in the contract and every other person who together with his consent personally drives a car owned by the insured for loss or damage, as a result of the ownership, use or operation from the motor vehicle. How to spend more and save less – I was reading this
This provision addressed the problem posed by the most popular law requirement of privity of contract which had caused the Privy Council to deny the claim for indemnity from the daughter of a named insured owner within liability policy. More generally, it ensured that, where the owner had liability insurance, its proceeds were available as compensation for any third party injured or otherwise not caused loss with the negligent operation with the insured vehicle. In other words, it made compensation more widely available.
A really significant statutory modification of common law contract rules was obviously a provision giving an injured third party a primary right of action up against the insurer of the person – the automobile owner – primarily liable. Unlike the direct action available with respect to non-automobile insurance, the right of action in automobile cases isn’t prejudiced by the insureds violation with 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 some 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 from the insured, but any contractual impediments pertaining to the insured’s rights from the insurer usually do not prevent recovery.