Third party rights

Joining the victim to proceedings

The victim of an insolvent assured has a direct action against the assured’s liability insurers under the Third Parties (Rights against Insurers) Act 1930. In Chubb Insurance Co of Europe SA v Davies [2004] EWHC 2138 (Comm) a coverage dispute arose between the insurers and the assured. The potential victim sought permission to be joined to the proceedings, doubtless to ensure that policy issues were fully considered and not conceded by the assured. The question, answered in the affirmative by Langley J, was whether joinder was appropriate.