All in all, the decision is not favourable to the insurers because by not immediately scheduling insurer examinations to address the issue of catastrophic designation, the insurers risk exposing themselves to
substantial interest judgments down the line.
Not exact matches
Successfully represented a design and engineering firm in a trial against the project owner and construction lender concerning the validity and priority of its mechanic's lien over encumbrance of mortgager; obtained
judgment for full amount and first priority of the lien, plus a
substantial award
interest and attorney's fees.
In its
judgment the court said the existence of the right of appeal given by the Child Support Act 1991 (CSA 1991), s 20 and the right to receive
interest on arrears in prescribed circumstances given by s 41, when taken in conjunction with the right to seek judicial review of failures to collect or enforce arrears of maintenance, means CSA 1991 provides the parent with care with
substantial protection against incompetence on the part of the CSA.
In an old case, the
interest on the
judgment can be
substantial.
A second issue with the Court's
judgment that may be more significant is its suggestion that the bright line rule and the
substantial risk principle are distinct tests for identifying the existence of a conflict of
interest, with the
substantial risk principle applying in circumstances where the bright line rule has not been satisfied.