BAE Pension Funds Trustees Ltd v Bowers & Kirkland Ltd 14/7/17 (QBD)

29/08/2017 LBU Editorial Case Reports

The court granted an application to join the insurer as a co-defendant to the proceedings against its insured under s.2 of the Third Parties (Rights against Insurers) Act 2010. It was not necessary for the claimant to establish that the insured was liable under the claim because s.2 of the 2010 Act provided a mechanism for establishing liability. The court decided that insurance coverage arguments could be advanced by either party and determined as a preliminary issue or that the claim be heard by a French court or by arbitration.

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