The plaintiff was injured in a motor vehicle accident and sued the underinsured defendants.
The plaintiff's insurer, Zurich, was added as a defendant.
Zurich later discovered the defendant driver was delivering pizza for Pizza Nova at the time of the accident and issued a third party claim against Pizza Nova in its own name.
Pizza Nova appealed the dismissal of its motion to strike the third party claim, arguing that a subrogated claim must be brought in the name of the insured and that the limitation period had expired.
The Court of Appeal dismissed the appeal, holding that Rule 29.01 permits a subrogated insurer to issue a third party claim in its own name to avoid a multiplicity of proceedings, and that the limitation period defence raised a triable issue based on discoverability.
