header-logo header-logo

Cutting out the middleman

10 June 2016 / Cathrine Grubb
Issue: 7702 / Categories: Features , Insurance / reinsurance
printer mail-detail
nlj_7702_grubb

Cathrine Grubb examines the impact of the coming into force of the Third Parties (Rights Against Insurers) Act 2010

Since the coming into force of the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930), those who have suffered loss at the hands of an insured person who becomes bankrupt/insolvent have been able to enforce their rights against the insurer. However, a potential third party claimant is unable to enforce such rights until first establishing liability against the insured. Generally, this would mean issuing proceedings against the insured, which in the case of a dissolved company would also require an application to restore it to the Companies Register under s 1029 of the Companies Act 2006 (CA 2006).

The only current exception to the inability to sue the insurer directly, are claims brought under para 2 of the European Communities (Rights Against Insurers) Regulations 2002 (SI 2002/3061). Paragraph 2 applies to most cases arising out of a road traffic accident on a public road in the UK, for which there is a relevant insurance policy in place (as required by s 143 and complying

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll