Q&As

What is the interaction between the Third Parties (Rights Against Insurers) Act (both 1930 and 2010) and vicarious liability? Can vicarious liability claims succeed against insurers directly? What are the Claimant’s options where the Defendant is insolvent, impecunious or otherwise unavailable but insurance exists? Lastly, does vicarious liability supersede policy exceptions in order to compensate Claimants?

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Produced in partnership with Andrew Wilson
Published on LexisPSL on 23/09/2019

The following PI & Clinical Negligence Q&A produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • What is the interaction between the Third Parties (Rights Against Insurers) Act (both 1930 and 2010) and vicarious liability? Can vicarious liability claims succeed against insurers directly? What are the Claimant’s options where the Defendant is insolvent, impecunious or otherwise unavailable but insurance exists? Lastly, does vicarious liability supersede policy exceptions in order to compensate Claimants?

What is the interaction between the Third Parties (Rights Against Insurers) Act (both 1930 and 2010) and vicarious liability? Can vicarious liability claims succeed against insurers directly? What are the Claimant’s options where the Defendant is insolvent, impecunious or otherwise unavailable but insurance exists? Lastly, does vicarious liability supersede policy exceptions in order to compensate Claimants?

The Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) has, with effect from 1 August 2016, succeeded the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930). The question is whether the rights bestowed by either or both of these Acts are at all affected by the fact that the company or organisation which would otherwise be the defendant is liable (or alleged to be liable) by virtue of vicarious liability for the acts or omissions of an employee or other person closely connected with it. An insurer will not be vicariously liable for the acts or omissions of its insured or the servants or agents of the insured, since those acts or omissions will be either unconnected or not

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