News

Commercial Court Judgment in a contract claim emanating from product liability dispute
10 September 2010

Andrew Prynne QC appeared for the Defendant in a claim brought under the Third Parties (Rights against Insurers) Act 1930. The court deciding a claim against an insurer by an insured under a liability policy is not bound by the terms or basis upon which the court in the underlying action against the insured found it liable. Tomlinson J.'s decision in LB Redbridge v Municipal Mutual Insurance [2001] Lloyd's Rep 545 at 550 was wrong.

The judgment can be found on Lawtel: Omega Proteins v Aspen Insurance (Christopher Clarke J) [2010] EWHC 2280