subrogation; common law; action; commencement of proceedings; insured’s name; derivative claim; right of insurer to sue in own name; Canada; third party claim; style of cause; title of proceeding
In Canada, the right of subrogation is a product of the common law, although it may be modified by statute or contract. Unlike in the United States, Canadian common law provides that an insurer may sue only in the name of the insured in relation to a subrogated claim .That rationale has its roots in...
