In brief: No pre-action right to disclosure of an insurance policy (Peel Port v Dornoch)

Table of contents

• Original news
• What should dispute resolution lawyers take note of?
• What was this case about?
• What did the court decide?

Article summary

Dispute Resolution analysis: This was an application for pre-action disclosure under Rule 31.16 against the insurer of a solvent proposed defendant. The applicant sought disclosure of the insured’s insurance policy in order to assess whether or not it wished to commence proceedings against the insured. It was the applicant’s position that if it obtained judgment, the proposed defendant would be wound up. The court refused the application for disclosure, holding there is no obvious right to disclosure of an insurance policy where a proposed defendant is solvent.