Insurance disputes

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.

Is a claim on a Directors and Officers policy made as a consumer or in business?

The Financial Ombudsmen Service (“FOS”) resolves disputes between consumers and businesses. So if you want to complain about a Directors & Officers policy, clearly a ‘business’ policy, even if you are claiming in what appears to be a personal capacity, does that fall within the jurisdiction? FOS thought yes, but the broker against whom the director complained in this case asked the Court to review FOS’s jurisdiction.

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