Category: insurance

New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog

Posted February 21st, 2017 in accidents, agreements, insurance, Motor Insurers’ Bureau, news, personal injuries, uninsured drivers by sally

‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:

MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.

Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’

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Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

“Irrevocable undertaking” to pay adverse costs not enough to defeat security application – Litigation Futures

Posted February 20th, 2017 in costs, indemnities, insurance, news, undertakings by sally

‘An irrevocable undertaking by a claimant company’s owner to pay adverse costs is not equivalent to after-the-event (ATE) insurance and so not enough to defeat an application for security for costs, the High Court has ruled.’

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Litigation Futures, 20th February 2017

Source: www.litigationfutures.com

Strict Interpretation by Court of Appeal of Condition Precedent in Favour of Insured by Court of Appeal – Park Square Barristers

Posted February 17th, 2017 in contracts, insurance, interpretation, news by sally

‘As with many insurance policies, the Respondent’s policy with the Appellant insurance company contained a condition precedent requiring the insured to notify its insurer “as soon as possible after the occurrence of any event likely to give rise to a claim”. The Appellant withdrew indemnity to the Respondent in respect of a claim, contending that such condition precedent had not been met.’

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Park Square Barristers, 23rd January 2017

Source: www.parksquarebarristers.co.uk

Insurance surgery: liability & multi-party accidents abroad – New Law Journal

Posted February 17th, 2017 in accidents, conflict of laws, EC law, insurance, news, personal injuries by sally

‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

Law firm insurer fails in High Court bid to recover property fraud losses from solicitor – Legal Futures

Posted February 17th, 2017 in fraud, insurance, money laundering, news, solicitors by sally

‘A highly experienced solicitor who breached the Money Laundering Regulations 2007 in a property transaction that led to a £500,000 fraud did not act dishonestly, the High Court has ruled.’

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Legal Futures, 17th February 2017

Source: www.legalfutures.co.uk

New Untraced Drivers Agreement in force after 1st March 2017 – Park Square Barristers

Posted February 16th, 2017 in accidents, agreements, costs, insurance, Motor Insurers’ Bureau, news, personal injuries, road traffic offences by sally

‘If an injured person cannot identify the fault driver of another vehicle, this is the agreement which governs their rights to compensation. In many instances, this is because the accident was a classic “hit and run”; indeed the MIB have stated that 12% of accidents in which the accident was reported to the police and a person was injured were such “hit and run accidents”. (That statistic is not as significant as it would seem at first blush; the majority of relatively minor road traffic accidents are not reported to police; the reason that such accidents are reported is that the other vehicle has made off without stopping so to a certain extent it is a self-selecting criteria). No details of the fault vehicle or the driver tend to have been obtained or recorded so an injured person’s only option would be the Untraced Driver’s Agreement.’

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Park Square Barristers, 8th February 2017

Source: www.parksquarebarristers.co.uk

Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette

Posted February 15th, 2017 in accidents, brexit, EC law, enforcement, foreign jurisdictions, insurance, jurisdiction, news, personal injuries, referendums, sport by sally

‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’

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Law Society’s Gazette, 14th February 2017

Source: www.lawgazette.co.uk

Law Society intervenes in high-stakes appeal over the ‘£400 club’ – Litigation Futures

Posted February 9th, 2017 in appeals, costs, fees, insurance, law firms, Law Society, news, pre-action conduct by sally

‘The Court of Appeal has invited the Law Society to intervene in a highly significant hearing this month in which insurers are trying to recover millions of pounds in RTA claims portal fees from claimant solicitors in the so-called ‘£400 club’.’

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Litigation Futures, 9th February 2017

Source: www.litigationfutures.com

Costs information provided for mediation is “pure fact” and can be used on assessment – Litigation Futures

Posted January 24th, 2017 in arbitration, costs, insurance, news by sally

‘Costs information that was provided for the purposes of a confidential mediation could later be used in the assessment of costs, Master Haworth in the Senior Courts Costs Office has decided.’

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Litigation Futures, 23rd January 2017

Source: www.litigationfutures.com

Discount rate announcement set to go ahead after ABI loses judicial review bid – Litigation Futures

Posted January 23rd, 2017 in compensation, consultations, insurance, judicial review, lord chancellor, Ministry of Justice, news, personal injuries, rates by sally

‘The Association of British Insurers (ABI) has today lost its High Court bid to halt the Lord Chancellor announcing the outcome of the consultation on the discount rate.’

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Litigation Futures, 20th January 2017

Source: www.litigationfutures.com

Judiciary issues warning to government over impact of PI reform – Legal Futures

Posted January 19th, 2017 in consultations, insurance, judiciary, news, small claims by sally

‘The judiciary has weighed into the debate about raising the small claims limit for personal injury by expressing “serious dismay” about the lack of consultation with judges and warning the government that any savings are likely to be outweighed by the significant extra burden litigants in person (LiPs) will put on the small claims court.’

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Legal Futures, 19th January 2017

Source: www.legalfutures.co.uk

How an EU gender equality ruling widened inequality – The Guardian

Posted January 16th, 2017 in EC law, equality, insurance, news, sex discrimination by sally

‘It said car insurance firms couldn’t discriminate between the sexes … since then men have seen a four-fold rise in premiums.’

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The Guardian, 14th January 2017

Source: www.guardian.co.uk

Insurance firm fined over data breach – OUT-LAW.com

Posted January 12th, 2017 in data protection, fines, insurance, news, theft by sally

‘An insurance firm has been fined by the UK’s data protection watchdog over the theft from its premises of a storage device containing information on nearly 60,000 customers.’

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OUT-LAW.com, 11th January 2017

Source: www.out-law.com

Court orders exemplary damages in fundamental dishonesty case – Litigation Futures

Posted January 11th, 2017 in accidents, costs, damages, fraud, fundamental dishonesty, insurance, judges, news, road traffic by sally

‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’

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Litigation Futures, 10th January 2017

Source: www.litigationfutures.com

A technology top ten for 2017 – Technology Law Update

Posted January 9th, 2017 in computer crime, data protection, electronic commerce, employment, financial advice, insurance, internet, medical records, news, road traffic by sally

‘What should we expect in the technology space in 2017?

We take a look at current trends and focus on some of the legal opportunities and pitfalls that they present.’

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Technology Law Update, 6th January 2017

Source: www.technology-law-blog.co.uk

Government forecast on impact of PI reforms “skewed against lawyers”, say economists – Legal Futures

Posted January 9th, 2017 in civil justice, consultations, damages, insurance, news, personal injuries, small claims, solicitors by sally

‘The government’s own assessment of the impact of its planned personal injury reforms “makes the implicit assumption that solicitors, and the civil justice system as a whole, produce no benefits to society”, according to independent economists.’

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Legal Futures, 9th January 2017

Source: www.legalfutures.co.uk

Defendant firm hails ‘significant’ fundamental dishonesty victory in appeal court – Law Society’s Gazette

Posted December 2nd, 2016 in costs, fundamental dishonesty, insurance, news by sally

‘A leading defendant firm says insurers will be more empowered to deploy fundamental dishonesty defences after another favourable judgment from the Court of Appeal. In Menary v Darnton, which is yet to be published, insurer Aviva was able to appeal the application of qualified one-way costs shifting (QOCS) in favour of the claimant and avoid any costs.’

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Law Society’s Gazette, 1st December 2016

Source: www.lawgazette.co.uk

When is an injury not an injury? – Doughty Street Chambers

Posted December 1st, 2016 in evidence, industrial injuries, insurance, news, noise, personal injuries by sally

‘The overworking of the de minimis argument in noise-induced hearing loss claims shows the need for proper evidental preparaton and some clearer guidance from the senior courts following Rothwell.’

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Doughty Street Chambers, 21st November 2016

Source: www.doughtystreet.co.uk

Insurance surgery: A call to action over construction costs – New Law Journal

Posted November 29th, 2016 in construction industry, insurance, news, reports by sally

‘How can losses incurred from construction & engineering disputes be avoided, asks Paul Lowe.’

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New Law Journal, 23rd November 2016

Source: www.newlawjournal.co.uk

Cold calling, whiplash reform and IPT – Autumn Statement angers claimant lawyers – Legal Futures

Posted November 24th, 2016 in budgets, insurance, news, personal injuries, solicitors, taxation, telecommunications by sally

‘Claimant personal injury lawyers have been left questioning why the government was prepared to announced in yesterday’s Autumn Statement that it is to ban cold-calling in relation to pensions, but not to stop it in personal injury – and whether Chancellor Philip Hammond let slip that the whiplash reforms are already a done deal.’

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Legal Futures, 24th November 2016

Source: www.legalfutures.co.uk