Can I.B.C. plead to the claim for no-fault benefits and agree that the claim should be adjourned when the issue of liability commenced?

In effect by not pleading to the claim for no-fault benefits and agreeing that the claim should be adjourned when the trial on the issue of liability commenced, I.C.B.C. tacitly agreed to the severance of the two causes of action in much the same way as in Cole v. Penner, although no order was ever made striking out I.C.B.C. from the style of cause, which would not be appropriate in this case in any event as I.C.B.C. is sued in two capacities, (1) as nominal defendant under s. 23, and (2) as the insurer against which Pt. 7 benefits are claimed.