Third party rights against insurers in Ireland
Produced in partnership with Ian Lavelle of LK Shields

The following Insurance & Reinsurance practice note produced in partnership with Ian Lavelle of LK Shields provides comprehensive and up to date legal information covering:

  • Third party rights against insurers in Ireland

Third party rights against insurers in Ireland

In England and Wales, the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010), provides for the enforcement of rights against an insolvent policyholder's insurer. A plaintiff or claimant who has a claim against an insolvent, but insured, defendant should be protected by TP(RAI)A 2010 through the transfer of the insured's rights under the insurance policy to the plaintiff or claimant (the third party). If, for example, a construction worker brings a claim against their insolvent employer, TP(RAI)A 2010 enables the employee to pursue his employer’s liability insurers directly. For practical guidance on TP(RAI)A 2010, see Practice Note: Third Parties (Rights against Insurers) Act 2010—one minute guide.

In contrast, the law in Ireland does not generally afford a person who is not a party to an insurance contract any rights of redress against the insurer. Section 62 of the Civil Liability Act 1961 provides a limited exception to that rule. It ring-fences

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