Acts and Regulations

I-12 - Insurance Act

Full text
Conditions precedent to action
266.92The Judge may make an order permitting the applicant to bring an action against a Party Unknown if satisfied
(a) that there are reasonable grounds for bringing the action,
(b) that all reasonable efforts have been made to ascertain the identity of the automobile involved and of the owner and driver of it,
(c) that the identity of the automobile involved and of the owner and driver of it cannot be established, and
(d) that the application is not made by or on behalf of an insurer in respect of any amount paid or payable by reason of the existence of a contract of insurance, and that, subject to subsection 266.1(4), no part of the amount sought to be recovered in the intended action is sought in lieu of making a claim or receiving a payment that is or was payable by reason of the existence of a contract of insurance, and that no part of the amount so sought will be paid to an insurer to reimburse or otherwise indemnify the insurer in respect of any amount paid or payable by it by reason of the existence of a contract of insurance.
1989, c.17, s.6