In what circumstances will an insurer be permitted to apply for relief in its own name and to be added as a co-defendant?
Manitoba, Canada
The following excerpt is from Athabasca Industries Ltd. v. Lambair Ltd., Lamb and Boyes, 1989 CanLII 7519 (MB CA):
De Graves, J., relied on Curtner v. Circuit, [1968] 2 Q.B. 587, as authority for permitting the insurer to apply for relief in its own name and to be added as a co-defendant. That case was, however, decided on its own peculiar facts and should not, in my opinion, be regarded as establishing a principle of general application.
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