Portage La Prairie Mutual Insurance Co. et al. v. MacLean et al. 2012 NSSC 341
Insurance - Subrogation - Insurer limited to rights of insured
Green Thumb Farmers Inc. had a fire which caused substantial property damage to the business. Green Thumb made a claim of loss to its insurer, Portage La Prairie Mutual Insurance Co. The insurer commenced an action against a Green Thumb employee, alleging that the loss was caused by her negligence and seeking to be reimbursed for the loss. The employee moved for summary judgment on the evidence seeking to have the claim against her dismissed.
The Nova Scotia Supreme Court granted the motion for summary judgment and dismissed the insurer’s claim against the employee.