Third parties rights against insurers

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This Overview signposts core materials on third parties’ rights against insurers, with links to legislation, commentary and procedural guidance. The subtopic is central where an insured is insolvent or defunct and a claimant seeks recovery from insurance proceeds without first suing the insured. The principal statutory regime is the Third Parties (Rights against Insurers) Act 2010, which replaced the 1930 Act. It transfers the insured’s rights under the policy to the third party on specified insolvency events and permits liability of the insured and insurer to be determined in a single action. The 2010 Act also creates an information gateway enabling claimants to obtain details of insurance and policy terms from insurers, brokers and insolvency office‑holders. Practitioners should assess the insolvency trigger, policy period; identify indemnity limits, deductibles and aggregation; and anticipate coverage defences available to insurers, including breach of warranty or condition, non‑disclosure and fraud, as affected by the Insurance Act 2015. The 2010 Act modifies the effect of certain conditions that the third party cannot fulfil, while preserving insurers’ substantive defences. Procedural issues include whether restoration of a dissolved company is required, limitation...

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