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Professional indemnity insurance claims

By: Series: Contract Journal ; 418(6428) 29 May 2003, 32 | Construction News ; (6820) 12 June 2003, 23(2)Publication details: 2003Subject(s): Summary: Recent case "Galliford UK Ltd v Markel Capital Ltd" (QBD, [2003] 3 All ER (D) 303) examined how adjudication might be used to establish a loss for the purposes of making a claim against a professional indemnity insurer. Galliford (G) claimed against Michael Heal Associates (H) a professional indemnity insurer, represented by Markel Capital Ltd, when H became insolvent during a claim against its contract conditions. When G was awarded £750 000 by the adjudicator, both H and the insurer refused to pay and G began proceedings to recover under the Third Parties (Rights Against Insurers) Act 1930. The judge ruled that the liability of the insurer under the insurance policy was not established until the adjudication award had been enforced by a judgment of the court. The proceedings were deemed to have been issued prematurely and were dismissed.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66797 (Browse shelf(Opens below)) 1 Available 122588-1001

Recent case "Galliford UK Ltd v Markel Capital Ltd" (QBD, [2003] 3 All ER (D) 303) examined how adjudication might be used to establish a loss for the purposes of making a claim against a professional indemnity insurer. Galliford (G) claimed against Michael Heal Associates (H) a professional indemnity insurer, represented by Markel Capital Ltd, when H became insolvent during a claim against its contract conditions. When G was awarded £750 000 by the adjudicator, both H and the insurer refused to pay and G began proceedings to recover under the Third Parties (Rights Against Insurers) Act 1930. The judge ruled that the liability of the insurer under the insurance policy was not established until the adjudication award had been enforced by a judgment of the court. The proceedings were deemed to have been issued prematurely and were dismissed.