What is the common law common law cause of action in a motor vehicle accident case?
Manitoba, Canada
The following excerpt is from Athabasca Industries Ltd. v. Lambair Ltd., Lamb and Boyes, 1989 CanLII 7519 (MB CA):
Although the common law has been changed by statute, s. 127(1) of the Insurance Act in Manitoba, the statu tory cause of action only arises after execution of a judgment against the insured has been returned unsatisfied. A prior claim by the third party against the insurer, even for a declar ation that the insurer is obliged to satisfy any judgment obtained against the insured, is premature: Carpenter v. Ebblewhite, [1939] 1 K.B. 347.
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