Mar 18, 2014

Summary of Samson v. Wagner

Samson v. Wagner, 2002 NSSC 172 (CanLII)
The defendant in an action for damages occasioned in a motor vehicle accident made an application to have the plaintiff's own automobile insurer added as a third party on the basis that the third party had wrongfully discontinued Section B payments to the plaintiff. The plaintiff consented to the application and took the position that if the defendant was unsuccessful, she would commence a separate proceeding against the third party.Application dismissed; to grant the application could result in a situation where the insurer and the insured were placed in a conflict of interest. The defendants could not directly sue the plaintiff's insurer and are not assignees of the plaintiff's potential claim against her own insurer; there was no good reason why the third party should be bound by the determination of any damage issue in the main action.