header-logo header-logo

27 January 2012 / Susan Brown
Issue: 7498 / Categories: Features , Professional negligence , Personal injury
printer mail-detail

A clash of interests?

Susan Brown highlights the potential conflicts of interest surrounding ABSs, insurers & motor claims

We are told that insurers are keen to use alternative business structures (ABSs) as vehicles through which they can take control of the whole claims process, from first notification of loss to settlement.

Admiral, for example, has been reported as considering branching into the legal sector to plug the hole that will be created when they can no longer generate referral fee income by referring motor accident victims to law firms. They are unlikely to be the only insurer thinking along the lines that an ABS is an attractive prospect, with the insurer part of the business referring claims to the legal/claims handling part of it, without formal exchange of referral fees, but on the basis that the legal costs recovered when the claim is settled are additional income generated for the business.

Law firms are also exploring the business opportunities offered by setting up ABS as “one-stop shops” for dealing with motor claims. For example, the Parabis group of law firms is reported to have developed a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll