Insurance litigation

Third Parties (Rights Against Insurers) Act 2010: Cover before Claim

Parties contemplating claims in negligence and/ or breach of contract against insolvent companies and individuals providing professional services will welcome the fact that the long awaited Third Parties (Rights Against Insurers) Act 2010 (“the Act”) will come into force on 1 August 2016.

Rights against insurers of insolvents

Legislation from 1930 has been overhauled to run far better for claimants whose opponents are insolvent. Third parties have been able to make claims on insurance policies held by insolvent companies or individuals, even when the policy holder has gone away, but the 2010 incarnation of the Third Parties (Rights Against Insurers) Act adds significantly to the ease of claim. The 1930 Act has been used in many ways over the years where the defendant is bankrupt or the business has failed.

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