Q&As

Can a provider of industry accreditation certificates release the insurance details of its accredited installers to an installer’s customer where the contract between the installer and its customer is silent on the issue?

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Published on LexisPSL on 07/10/2016

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Can a provider of industry accreditation certificates release the insurance details of its accredited installers to an installer’s customer where the contract between the installer and its customer is silent on the issue?
  • Insurance data
  • Duty of confidentiality
  • Contractual relationship
  • Common law relationship
  • Data protection
  • Personal data

Insurance data

The claimant may have a right to obtain information about an insolvent installer under the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010).

The TP(RAI)A 2010 applies to more insolvency situations than the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930), specifically applying to a relevant person (ie the insured or the corporation or individual who has insurance cover against liabilities which have been incurred to a third party). One of the main improvements under the TP(RAI)A 2010 is to strengthen the third party's rights to obtain information about the rights transferred to him, allowing him to assess whether they are valuable or worthless. This enables him to make an informed decision on whether it is cost-effective to pursue the insurer. Under the TP(RAI)A 1930, the third party could incur considerable expense before discovering that the insurer was able to defeat his claim.

For detailed information about when and how the third party may request information, see Practice Note: Third Parties (Rights Against Insurers) Act 2010, in particular the section Third Parties (Rights Against Insurers) Act 2010—Information available to the third party.

Duty of confidentiality

We have assumed that the accreditation provider has knowledge of the installer’s insurance details by virtue of those details being provided to it by the accredited installer themselves. Therefore the provision of insurance data from the in

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