Defending an Action Without an Insured? When a Claim is Served Upon the Insurer by Substituted Service, Where the Rules and Practice Should, Could or Might Lead.
The issue of plaintiff’s counsel serving their statement of claim directly upon a defendant’s insurer, by way of an order for substituted service, has been around for some time.
The leading case on the issue is Laframboise v. Woodward (2002), 59 O.R. (3d) 338, 2002 CarswellOnt 1448 (Ont. S.C.J.)
It has no history. It does not have negative treatment. It has not been distinguished or overruled.
In the decision Justice Quinn decides to summarize the state of the law on the issue and make very pointed comments on the proper procedure to be followed in obtaining such an order.