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 had incurred did not arise until the liability had been ascertained by judgment, award or agreement. Since it was impossible to know whether a right had been transferred until such judgment award or agreement had occurred, no information could reasonably be required, before such judgment award or agreement, ‘for the purpose of ascertaining whether any rights have been transferred or vested’ in the claimant by the Act.
Lindsay J
Times 17-May-1994, [1995] 1 BCLC 132
Third Parties (Rights Against Insurers) Act 1930 2
England and Wales
Cited by:
Cited – First 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 . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Insurance
Updated: 01 January 2022; Ref: scu.90601
