Professional indemnity insurance claims
Brewer, G.
Professional indemnity insurance claims - 2003 - Contract Journal 418(6428) 29 May 2003, 32 Construction News (6820) 12 June 2003, 23(2) .
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.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
GALLIFORD UK LTD V MARKEL CAPITAL LTD
THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT 1930
Insolvency
PROFESSIONAL INDEMNITY INSURANCE
Professional indemnity insurance claims - 2003 - Contract Journal 418(6428) 29 May 2003, 32 Construction News (6820) 12 June 2003, 23(2) .
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.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
GALLIFORD UK LTD V MARKEL CAPITAL LTD
THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT 1930
Insolvency
PROFESSIONAL INDEMNITY INSURANCE