header-logo header-logo

29 April 2010 / Andrew Burns KC
Issue: 7415 / Categories: Features , Insurance / reinsurance , Personal injury
printer mail-detail

Toxic sofas

Andrew Burns examines the insurance angles of recent PI claims

The “Toxic Sofas” litigation involves personal injury claims against Land of Leather (LoL) and other retailers for selling defective furniture manufactured in China. On 26 April 2010 the High Court approved a matrix for calculating settlement payments to claimants wishing to settle. However a number of claimants had already lost their recovery claims against the insurers of LoL, Zurich Insurance. Zurich refused to pay as LoL had settled with the Chinese manufacturer without its consent. The claimants brought claims directly against Zurich under the Third Party (Rights Against Insurers) Act 1930 after LoL went into admininstration.

LoL argued that there was no intention to settle personal injury claims—only its own direct losses. Nothing had been paid for such a wide-ranging settlement, which would have been an unreasonable deal for LoL. In Horwood v Land of Leather & Zurich Insurance [2010] EWHC 546 (Comm) Mr Justice Teare said that even if a particular construction leads to an unreasonable result, the fact that an agreement was a bad bargain “is not a sufficient reason for supposing

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

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll