Is there a direct right of action against the tortfeasor?
Prince Edward Island, Canada
The following excerpt is from MacNeill v. Co-operators Insurance, 2003 PESCAD 9 (CanLII):
As well, I can find in Somersall v. Friedman no support for the position taken by the appellant that a direct right of action is the foundation for that decision. In fact, the interpretation of “legally entitled to recover” in Somersall v. Friedman is explicitly stated by Iacobucci J. to encompass both the tort action against the tortfeasor, and the contract action against the insured:
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