It is a uniformly accepted convention that once a court declaration under s 152 (2) is made, the insurer is released from any direct liability to meet a third - party claim, whether contractually or statutorily imposed (ie under either s 151 of RTA 1988 or Reg 3 of the Rights
Against Insurers Regulations 2002 (SI 2002/3061).
It also clears the way for motor accident victims to seek redress directly from the Motor Insurers» Bureau (MIB) by relying exclusively on European Union (EU) law, independently of the complex and sometimes conflicting provisions of Pt VI of the Road Traffic Act 1988; the European Communities Rights
Against Insurers Regulations 2002; the Motor Vehicles (Compulsory Insurance)(Information Centre and Compensation Body) Regulations 2003 and / or the MIB's private law agreements with the Secretary of State for Transport set out in four concurrent schemes.
Not exact matches
Gov. Andrew Cuomo, a Democrat, rolled out a series of emergency
regulations earlier this month to safeguard
against insurers pulling out of New York and discriminating
against pre-existing conditions.
In similar fashion, EC
Regulation 44/2001 and the EU Court of Justice decision of FBTO v Odenbreit allow British holidaymakers to initiate claims
against the EU
insurers of negligent third parties in the English jurisdiction, provided the country of origin permits a direct right of action
against an
insurer.
Lindsay Kenney professional liability and
regulation lawyers work with
insurers in a variety of industries, such as accounting, engineering, and architecture, in the defence of claims
against professionals.
The European Communities (Rights
against Insurers)
Regulations (2002) mean that motor claims can be issued directly
against an
insurer.
If you work for a supermarket or shop and have an accident and can show the company hasn't complied with these Health and Safety
Regulations, you will have a claim
against the store's
insurers.
(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both
insurers and employees and agents of the
insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims
against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments
Regulation.
It makes no attempt to address the many egregious defects in the protection afforded to victims; both within these Motor
Insurers» Bureau (MIB) agreements as well as within Part VI of the Road Traffic Act 1988 and the European Communities (Rights
against Insurers)
Regulations 2002 (SI 2002/3061).
It might be more convenient for the doctor in terms of collection of bad debt, insurance policy claims (where an insurance card would normally be required, at least), protection
against fraud claims from an
insurer, and medical record keeping to have a name, so a doctor might make it a policy to require ID, but it is not required by law (except where a government benefit provider like Medicaid or Medicare is involved and has a
regulation requiring it).
Al Safat (2014): Anti suit injunction
against Kuwaiti
insurers in respect of commencement of proceedings in non-contractual forum raising issues of enforceability of the forum selection clause in the bill of lading as a matter of Kuwaiti law and effect of Article 23 of the Judgments
Regulation.