T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others: ChD 9 May 2003

T and N had exposure to asbestosis claims; these claims were insured by Lloyd’s but on terms that if payments were to be made, T and N should make certain reimbursements to Lloyd’s. T and N then insured with a captive company known as Curzon their liability to make such reimbursements. Lloyd’s called on T and N to make such reimbursement and when T and N became insolvent claimed that the right of recovery from Curzon became transferred to them (Lloyd’s) so that they could claim against Curzon under the 1930 Act.
Held: What was insured was the non-payment of a contract debt due from T and N to Lloyd’s and that such non-payment was not covered by the 1930 Act.

Mr Justice Lawrence Collins
[2003] EWHC 1016 (Ch)
Third Parties (Rights Against Insurers) Act 1930
England and Wales
See alsoRoyal and Sun Alliance Insurance Plc and Another v T and N Ltd CA 30-Dec-2002
Appeal against case management directions. . .
FollowedTarbuck v Avon Insurance Plc ChD 2002
Legal expenses insurance was purchased by a Miss Nicholson who ran a Natural Health Clinic in Clerkenwell. The insurance was called an ‘Office or Surgery Policy’ and section 7, headed ‘Legal Expenses’, provided that the insurers would pay the . .
CitedHirachand Punamchand v Temple CA 1911
The defendant, a British army officer in India, had given a promissory note to the plaintiff moneylenders. Unable to pay, he suggested they apply to his father, Sir Richard Temple. In reply, Sir Richard Temple’s solicitors wrote saying they were . .

Cited by:
See alsoRoyal and Sun Alliance Insurance Plc and Another v T and N Ltd CA 30-Dec-2002
Appeal against case management directions. . .
LimitedFirst National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration) CA 25-May-2004
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 . .
See AlsoRe Tand N Ltd and Others ChD 21-Oct-2004
. .
See AlsoAlexander Forbes Trustee Services Limited and Another v Jackson and Others ChD 2-Nov-2004
. .
See AlsoFreakley, Gleave, Squires, T&N Limited v Centre Reinsurance International Company, Muenchener Rueckversicherungs-Gesellschaft, European International Reinsurance Company Limited, Curzon Insurance Limited ChD 26-Nov-2004
. .
See AlsoT and N Ltd and Others, Re the Insolvency Act 1986 (Communications) ChD 8-Dec-2004
. .
See AlsoIn re T and N Ltd and Others, Re Insolvency Act 1986 ChD 14-Dec-2005
The court considered the case of Glenister and similar and said: ‘I accept the submission that these cases are not in point to the issue as regards future asbestos claims. There is no element of discretion as regards such claims. If the ingredients . .
See AlsoT and N Ltd and Others, In the Matter of the Insolvency Act 1986 ChD 21-Dec-2005
. .
See AlsoT and N Ltd and others v In the Matter of the Insolvency Act 1986 (Conflict of Law) ChD 21-Dec-2005
. .
See AlsoIn the Matter of T and N Limited and others ChD 12-Apr-2006
. .

Lists of cited by and citing cases may be incomplete.

Insolvency, Litigation Practice

Updated: 21 December 2021; Ref: scu.183727