We recently reported on the first judgment handed down in relation to the Third Parties (Rights against Insurers) Act 2010 (the TP Act 2010). Hot on the heels of that decision another judgment has been delivered, this one providing guidance on the transitional provisions of the Act.
In the case of Redman v Zurich Insurance plc and another the High Court was asked to decide whether the claimant was entitled to rely on the TP Act 2010, and avoid the stringent requirements of the Third Parties (Rights against Insurers) Act 1930 (TP Act 1930) as a result.
The TP Act 2010 came into force on 1 August 2016 and applies to all relevant cases from that date. The TP Act 1930 will continue to apply to all cases where, before 1 August 2016:
- the insured has incurred a liability to the third party; and
- the insured has become insolvent.
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