Q&As

Does the Third Parties (Rights Against Insurers) Act 1930 apply to special administrations?

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Published on LexisPSL on 26/04/2016

The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:

  • Does the Third Parties (Rights Against Insurers) Act 1930 apply to special administrations?

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change.

This Q&A covers the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930) (the 1930 Act) and not the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) (which is expected to come into force later this year).

The section 1(b) of the 1930 Act provides that the trigger for the act applying is

'in the case of the insured being a company, in the event of a winding-up order [. . .] being made, or a resolution for a voluntary winding-up being passed, with respect to the company, [or of the company entering administration,] or of a receiver or manager of the company's business or undertaking being duly appointed, or o

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