In Geldart, an insurer cancelled an automobile insurance policy on the grounds of misrepresentation by the insured. Prior to the cancellation the insured vehicle was involved in a collision for which the insured was completely responsible. Absent any judgment or other legal action by the third party the insurer paid for the property damage caused by the insured and sued the insured for reimbursement of the amount paid. Judgment was granted the insurer following Thomas v. Wawanesa Mutual Ins. Co. because “[t]here, after an extensive review of the cases, (my emphasis) the court held that the insurer could recover against the insured for payment to a third party although no judgment had been signed and no waiver or agreement obtained”.
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