000 01750cam a2200241 4500
001 ABS66797
008 030612n2003 000 0 eng u
035 _a(Sirsi) u122588
100 _aBrewer, G.
245 _aProfessional indemnity insurance claims
260 _c2003
490 _aContract Journal
_v418(6428) 29 May 2003, 32
490 _aConstruction News
_v(6820) 12 June 2003, 23(2)
520 _aRecent 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.
590 _aABS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aGALLIFORD UK LTD V MARKEL CAPITAL LTD
650 _aTHIRD PARTIES (RIGHTS AGAINST INSURERS) ACT 1930
650 _aInsolvency
_96247
650 _aPROFESSIONAL INDEMNITY INSURANCE
690 _aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942 _n0
999 _c72848
_d72848