Claim brought under section 1(1) and (4) of the Third Party (Rights Against Insurers) Act 1930 by which it seeks to recover an indemnity in respect of two judgments, being a judgment for pounds 385,187.32 and a further judgment for pounds . .
The court heard six claims against companies restored to the register of companies to make claims under their insurance policies for personal injury in the form of death from mesothelioma from asbestos, and particularly whether liability could be found under the 1930 Act. The insurers maintained that any liability arose at the time of the … Continue reading Employers’ Liability Policy ‘Trigger’ Litigation; Durham v BAI (Run off) Ltd etc: QBD 21 Nov 2008
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed against findings that some policies, those which insured against injury ‘sustained’ during the policy period, as … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others: SC 28 Mar 2012
Companies restored to the register, and the personal representatives of former employees, appealed against rejection of their claims from the insurers of the former companies for damages from mesothelioma following exposure to asbestos during employment. The court had held that the claims arose on exposure to the asbestos, and not at the point where symptoms … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation, Re: CA 8 Oct 2010
Mrs Justice May DBE [2021] EWHC 3139 (QB) Bailii Third Party (Rights against Insurers) Act 1930 England and Wales Insurance, Employment Updated: 22 December 2021; Ref: scu.670244
The Court of Appeal had defined the expression ‘any liability . . under the terms of any policy’ in wide terms. An insurance policy is a UK one, if the obligations to be performed might have been part of a UK operation.Lord Mustill criticised an attempt by the judge to construe a statute in a … Continue reading Scher and Others v Policyholders Protection Board and Others Ackman v Same: HL 1 Sep 1993
Successful Lloyds names were entitled to enforce their claims in the normal time sequence. The transfer of the rights of the insured against the insurer under section 1(1) the 1930 Act takes place on the event of insolvency, even if the insured’s liability to the third party has not yet been established. In handling claims, … Continue reading Cox v Bankside Members Agency Ltd and Others: CA 16 May 1995
The 1930 Act creates a statutory assignment of any rights of action in a case where the assured has become bankrupt or been wound up, the party to whom the benefit of a right of action under the liability insurance contract has been transferred may only operate that right in accordance with an arbitration agreement … Continue reading The Padre Island: 1984
A contract of insurance provided an indemnity for ‘all sums which the insured shall become legally liable to pay as compensation in respect of loss of property’. The claim was by the Post Office against a contractor, Potters, for damaging one of their cables which in consequence the Post Office had to repair. Before the … Continue reading Post Office v Norwich Union Fire Insurance Society Ltd: CA 1967
Citations: [2015] NIQB 106 Links: Bailii Statutes: Third Party (Rights Against Insurers) Act (Northern Ireland) 1930 Jurisdiction: Northern Ireland Insurance Updated: 18 August 2022; Ref: scu.641773
The claimants sought to claim for personal injuries against the defendant company, now in administration, and their insurers using the 1930 Act. The insurers said they were not liable to indemnify the company. The parties disputed the standing of an agreement with the third party manufacturers to settle the claim. Held: Despite any unwelcome result, … Continue reading Horwood and Others v Land of Leather Ltd and Others: ComC 18 Mar 2010
The claimant investors said that their financial adviser, the defendant insolvent company, had given them negligent advice. The action was brought as a preliminary to claiming against the defendant’s insurers under the 1930 Act, in the way made necessary by the Post Office and Bradley cases. Limitation defences were deployed to strike the action out. … Continue reading Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd: CA 29 Nov 2005
The court considered the effect, on the insolvency of the insured, of ‘pay to be paid’ conditions in contracts of insurance. It was asked to order the winding-up of a foreign registered company. The company had to own assets within the jurisdiction of the English court which could be realised in a winding-up for the … Continue reading Re Allobrogia Steamship Corporation: 1979
Claims were made for personal injury caused by asbestos. The re-insurers sought declaratory relief against the head insurers, and the administrators of the insolvent company. The administrators sought declarations in turn. Curzon insured the company for ultimate net loss, and then had re-insurance with Centre Reinsurance. Ultimate net loss meant all sums paid out less … Continue reading Freakley and Curzon Insurance Ltd v Centre Reinsurance International Company and Another; similar: CA 11 Feb 2005
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the … Continue reading First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004
The victim of an unlawful act of a driver off-road sought damages from another driver and his insurers. The insurers refused to pay. Held: There is a balance to be found between the statutory purpose of compulsory motor insurance and the principal that a man should not benefit from his own wrongful act. The victim … Continue reading Churchill Insurance v Charlton: CA 2 Feb 2001
A petition to wind up a one-ship Panamanian company was brought by a claimant cargo-owner who had ‘an unliquidated claim against the company for breach of [a] contract of carriage in respect of the shortages and for damages based on [the vessel] being unseaworthy’ The court was asked whether jurisdiction existed to wind up a … Continue reading In re Compania Merabello San Nicholas SA: ChD 1973
Mrs Bradley was employed by Dart Mill several times from 1933 and 1970 and acquired byssinosis from inhaling cotton dust. The company was wound up in 1975 and dissolved in 1976. In 1984 she applied to the court for pre-action disclosure under section 33(2) of the Supreme Court Act 1981 and RSC Ord. 24 rule … Continue reading Bradley v Eagle Star Insurance Co Ltd: HL 1989
The court considered appeals from conflicting interpretations of the effect of s1(3) of the 1930 Act on pay to be paid clauses in the event of the insolvency of the insured. Held: The condition did not purport to avoid the contract or to alter the rights of the parties under the contract in the event … Continue reading Socony Mobil Oil Co Inc v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (Fanti): CA 30 Nov 1989
The House was asked as to the effect of section 1(3) of the 1930 Act on policies including ‘pay or be paid’ clauses. Held: The central question was whether the condition of prior payment was rendered of no effect by section 1(3) of the Act of 1930. It is well established that an indemnity is … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (The ‘Fant’): HL 14 Jun 1990
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
A person requesting third party information under the Act, must first establish a claim sufficient to justify the right claimed. The third party claimant’s right against the insured arose at the time when the claimant suffered a loss but that the right of the insured to sue his insurer in respect of the liability he … Continue reading Woolwich Building Society v Taylor and Another: ChD 17 May 1994
The court took a strict view of a vehicle owner’s potential liability to injured third parties.
Held: A person who suffered injury by reason of a breach of s35 could maintain an action in damages for that breach: ‘The Road Traffic Act, 1930, . .
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