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Insurance Law Monthly

Legal expenses insurance: security for the premiums

The short question in Glasgow (the bankruptcy trustee of Harlequin Property SVG Ltd) v ELS Law Ltd and Others [2017] EWHC 3004 (Ch), a decision of Robin Dicker QC, sitting as a Deputy High Court Judge, was whether legal expenses insurers had a priority claim for payment of premiums where the assured successfully recovered damages but was otherwise insolvent. It is clear from the judgment that in the absence of some form of agreement conferring priority, the general law will not grant priority.

ELS : facts and issues

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