Redman v Zurich Insurance PLC and ESJS1 LTD [2017] EWHC 1919 (QB)

The Claimant brought a claim under the Third Parties (Rights Against Insurers) Act 2010 alleging that her husband’s death had been caused by asbestos exposure whilst he was employed by the 2nd Defendant. Her husband had died on 5th November 2013. The Second Defendant was voluntarily wound up on 30th January 2014 and was dissolved on 30th June 2016.

The First Defendant applied for the claim to be struck out. The following issues were raised: (1) whether the Third Parties (Rights Against Insurers) Act 1930 or the 2010 Act applied; (2) if the 1930 Act applied, did this preclude retrospective but parallel application of the 2010 Act to claims which hitherto had fallen within the scope of the earlier Act?

 

HELD:

• The Claimant accepted that the 1930 Act applied. Liability was incurred when the damage was caused and Schedule 3 to the 2010 Act provided that the 1930 Act continued to apply where some had incurred a liability against which they were insured, and had become insolvent, before 1st August 2016.
• Parallel operation of the two acts would be inconsistent with s.1 and Sch.3 of the 2010 Act. Moreover, the later Act contained transitional provisions which would be unnecessary if the two operated in parallel. Parliament, had it intended to do so, could have drafted relatively straightforward legislation if it intended all third party claims against insurers to be covered by the 2010 Act.

August 25, 2017 В· Editorial Team В· Comments Closed
Posted in: Cases