Judges: Turner J Citations: [2017] EWHC 1919 (QB), [2017] WLR(D) 520, [2018] Lloyd’s Rep IR 45, [2017] BPIR 1692, [2018] 1 WLR 280, [2018] PIQR P2 Links: Bailii, WLRD Statutes: Third Party (Rights against Insurers) Act 2010 Jurisdiction: England and Wales Insurance Updated: 28 March 2022; Ref: scu.591314
The claimant had brought proceedings against the two defendants in 2009. A private settlement was reached with the first defendant, but the second, a then bankrupt firm of solicitors took no part. The claimant now sought to restore the claima against the solicitors. It was now said that the claim should be dismissed on the … Continue reading Wave Lending Ltd v Batra and Another: ChD 13 Sep 2016
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
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
Citations: [2018] ScotCS CSOH – 34 Links: Bailii Statutes: Third Party (Rights against Insurers) Act 2010 Jurisdiction: Scotland Personal Injury Updated: 14 April 2022; Ref: scu.609360
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
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law. Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that … Continue reading RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017
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