Insurers declined to represent an insured facing a claim for damages for secondary liability for asbestos injury. The insured losing by default, the insurers then sought to be joined to defend the action, but still showed no good defence and were refused.
Held: Where an underwriter could demonstrate that there was a defence which carried a real prospect of success which had not been run by the assured, the discretion to permit joinder was available despite the fact that a default judgment had already been obtained.
Citations:
Gazette 27-Jan-1999
Statutes:
Third Parties (Rights Against Insurers) Act 1930
Jurisdiction:
England and Wales
Cited by:
Cited – Humber Work Boats Ltd v ‘Selby Paradigm’, Owners of Mv and others AdCt 23-Jul-2004
The barge had become holed when run aground and then repaired. The repair was faulty, and it sank. The insurers rejected the claim saying that the owners had failed to disclose a report showing areas of thinning of the hull. The underwriters sought . .
Lists of cited by and citing cases may be incomplete.
Insurance, Litigation Practice
Updated: 28 April 2022; Ref: scu.85933