Third Parties (Rights against Insurers) Act 2010

Posted March 27th, 2010 in insurance, legislation, third parties by sally

Third Parties (Rights against Insurers) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

English law on late payment of insurance claims is unfair, say Law Commissions – OUT-LAW.com

Posted March 26th, 2010 in damages, insurance, Law Commission, news by sally

“Insurers who delay paying valid claims should be liable to policyholders for any foreseeable losses they cause, a new Law Commission paper suggested this week.”

Full story

OUT-LAW.com, 25th March 2010

Source: www.out-law.com

Insurance Contract Law – Law Commission

Posted March 26th, 2010 in insurance, Law Commission, press releases, reports by sally

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 24th March 2010

Source: www.lawcom.gov.uk

Judge rejects ‘toxic sofa’ claims in burns injury cases – BBC News

“More than 300 people who suffered burns from a chemical used on Land of Leather sofas will not receive compensation, the High Court has ruled.”

Full story

BBC News, 18th March 2010

Source: www.bbc.co.uk

‘Dog tax’ proposal ditched a week after it was mooted – The Independent

Posted March 18th, 2010 in consultations, dogs, insurance, news by sally

“The Government has ditched proposals for a ‘dog tax’ that would force owners to insure against their pets attacking people barely a week after the idea was first floated.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

Contractual interest on damages does contribute to capped sum, rules High Court – OUT-LAW.com

Posted March 4th, 2010 in contracts, damages, insurance, interest, news by sally

“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.”

Full story

OUT-LAW.com, 4th March 2010

Source: www.out-law.com

Lord Justice Jackson’s recommendations should be implemented speedily – Law Society’s Gazette

Posted February 2nd, 2010 in civil justice, fees, insurance, news, reports by sally

“‘Access to Justice entails that those with meritorious claims (whether or not ultimately successful) are able to bring those claims before the courts for judicial resolution or post-issue settlement, as the case may be. It also entails that those with meritorious defences (whether or not ultimately successful) are able to put those defences before the courts for judicial resolution or alternatively, settlement based upon the merits of the case.’”

Full story

Law Society’s Gazette, 1st February 2010

Source: www.lawgazette.co.uk

Midwife who ‘randomly hacked’ at mother struck off – Daily Telegraph

Posted January 28th, 2010 in insurance, midwives, news, professional conduct by sally

“A mother whose home resembled a ‘murder scene’ after a midwife ‘randomly hacked’ at her with a pair of scissors has called for a change in the law to force independent midwives to take out insurance.”

Full story

Daily Telegraph, 28th January 2010

Source: www.telegraph.co.uk

Third Parties (Rights Against Insurers) Bill – Ministry of Justice

Posted December 21st, 2009 in bills, insurance, press releases, third parties by sally

“This Bill implements Law Commission and Scottish Law Commission recommendations about the rights of a third party to claim directly against an insurer.”

Full press release

Ministry of Justice, 18th December 2009

Source: www.justice.gov.uk

Bill clears the way for third party claims against liability insurers – OUT-LAW.com

Posted November 30th, 2009 in insolvency, insurance, news, third parties by sally

“A proposed new law will make it easier and cheaper for people to pursue their claims directly against insurers when the insured becomes insolvent.”

Full story

OUT-LAW.com, 30th November 2009

Source: www.out-law.com

Lost or missing insurance policies leave asbestos victims without compensation – The Independent

Posted November 30th, 2009 in asbestos, industrial injuries, insurance, news by sally

“Insurance companies were yesterday accused of profiteering from victims of the deadly asbestos cancer mesothelioma. Hundreds of victims of the disease are going without compensation because many of the insurance policies meant to protect workers allegedly have been lost.”

Full story

The Independent, 29th November 2009

Source: www.independent.co.uk

 

Insurance Contract Law – Law Commission

Posted November 6th, 2009 in contracts, insurance, press releases by sally

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 5th November 2009

Source: www.lawcom.gov.uk

 

Fraudster jailed for crash-for-cash scam – The Independent

Posted October 22nd, 2009 in accidents, dangerous driving, fraud, insurance, news, sentencing by sally

“A fraudster who staged almost 100 car accidents and used the insurance payouts to fund a glamorous lifestyle was jailed yesterday.”

Full story

The Independent, 22nd October 2009

Source: www.independent.co.uk

Tribunal quashes point of sale PPI ban – OUT-LAW.com

Posted October 20th, 2009 in competition, insurance, news by sally

“The Competition Commission must reconsider its ban on the sale of payment protection insurance (PPI) at the same time as a loan or credit, the Competition Appeal Tribunal has ruled. But the decision is not necessarily the end of the point of sale prohibition.”

Full story

OUT-LAW.com, 20th October 2009

Source: www.out-law.com

FSA launches new regime for PPI sales complaints – OUT-LAW.com

Posted October 2nd, 2009 in financial regulation, insurance, news by sally

“Firms will have to review all the complaints about Payment Protection Insurance (PPI) mis-selling that they have rejected since 2005 under tough new proposals announced this week by the Financial Services Authority.”

Full story

OUT-LAW.com, 2nd October 2009

Source: www.out-law.com

Cyclist’s family awarded £580,000 – BBC News

Posted July 29th, 2009 in accidents, compensation, insurance, news by sally

“The family of a teacher killed while cycling home from his school in Greater Manchester has been awarded compensation of £580,000.”

Full story

BBC News, 28th July 2009

Source: www.bbc.co.uk

Equitable Life policyholders head to court – The Times

Posted July 21st, 2009 in compensation, insurance, maladministration, news by sally

“Equitable Life policyholders take their claim for compensation to the Royal Courts of Justice on Tuesday in a bid to overturn a Government ruling that gives them a fraction of what they say is a fair entitlement.”

Full story

The Times, 20th July 2009

Source: www.timesonline.co.uk

Seaga v Harper (No 2) – Times Law Reports

Posted July 10th, 2009 in costs, fees, insurance, Jamaica, law reports, Privy Council by sally

Seaga v Harper (No 2)

Privy Council

“After-the-event insurance premiums and success fees under conditional fee agreements entered into with English counsel and solicitors were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not permit conditional fee agreements or allow for a successful party’s expenditure on after-the-event premiums to be an allowable disbursement.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

Seaga v Harper (No 2) – WLR Daily

Posted June 30th, 2009 in costs, fees, insurance, Jamaica, law reports, Privy Council by sally

Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212

“Success fees under conditional fee agreements, and premiums paid on ‘after the event’ (‘ATE’) insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on ATE premiums to be an allowable disbursement.”

WLR Daily, 29th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Copley v Lawn; Maden v Haller – WLR Daily

Posted June 22nd, 2009 in accidents, damages, insurance, law reports, negligence by sally

Copley v Lawn; Maden v Haller [2009] EWCA Civ 580; [2009] WLR (D) 200

“Where, following a road accident caused by a defendant’s negligence, the defendant’s insurers offered to provide a ‘free’ replacement car to the claimant while his own car was being repaired, the claimant could reasonably reject or ignore the offer if it did not make clear the cost of hire to the defendant for the purpose of enabling the claimant to make a realistic comparison with the cost to him of making his own hire car arrangements. If a claimant did unreasonably reject or ignore the offer, he did not forfeit his damages claim altogether but was entitled to recover at least the cost which the defendant could show he would reasonably have incurred. The general rule that the claimant could recover the market rate of hire for his loss of use prevailed, unless, and to the extent that, the defendant could show that, on the facts of a particular case, a car could have been provided more cheaply than at the market rate.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.