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22 September 2017 / Roger Franklin
Issue: 6672 / Categories: Features , Insurance / reinsurance
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Third parties rights against insurers: old versus new

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When it comes to Third Parties (Rights Against Insurers), where the 1930 Act applies, the 2010 Act does not. Roger Franklin explains

  • The provisions of the Third Parties (Rights Against Insurers) Act 2010 shall not have retrospective effect so as to circumvent the less attractive former regime under the 1930 Act.

It is now more than a year since the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) came into force and a number of cases are starting to bring the statutory reform to the forefront of judicial scrutiny. In the recent judgment of Redman v (1) Zurich Insurance Plc and (2) ESJS1 Ltd [2017] EWHC 1919 (QB), All ER (D) 07 (Aug), Turner J made it clear that the provisions of the 2010 Act shall not have retrospective effect so as to circumvent the less attractive former regime.

Recap

The aim of the statutory reform and the introduction of the 2010 Act was to replace the previous regime set out in the Third Parties (Rights Against Insurers) Act 1930 (the 1930 Act), thereby introducing a simplified procedure

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