What is the test for a plaintiff to bring an action against the insured for damages arising out of the use of a motor car?
Saskatchewan, Canada
The following excerpt is from Landa v. Travelers Insurance Company, 1936 CanLII 142 (SK CA):
Sec. 222d (1) provides that the insurance money shall be held for all persons having claims against the insured for damages arising out of the use of the motor car. In other words, the plaintiff must bring this action as the representative of a class and his ‘statement of claim clearly sets this forth Barrett v. Indemnity Insur. Co. [1935] O.W.N. 321.
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