Third Parties (Rights against Insurers) Act 2010

Notices requesting information U.K.

1 (1) If a person (A) reasonably believes that— U.K.

(a) another person (B) has incurred a liability to A, and

(b) B is a relevant person,

A may, by notice in writing, request from B such information falling within sub-paragraph (3) as the notice specifies.

(2) If a person (A) reasonably believes that—

(a) a liability has been incurred to A,

(b) the person who incurred the liability is insured against it under a contract of insurance,

(c) rights of that person under the contract have been transferred to A under section 1, and

(d) there is a person (C) who is able to provide information falling within sub-paragraph (3),

A may, by notice in writing, request from C such information falling within that sub-paragraph as the notice specifies.

(3) The following is the information that falls within this sub-paragraph—

(a) whether there is a contract of insurance that covers the supposed liability or might reasonably be regarded as covering it;

(b) if there is such a contract—

(i) who the insurer is;

(ii) what the terms of the contract are;

(iii) whether the insured has been informed that the insurer has claimed not to be liable under the contract in respect of the supposed liability;

(iv) whether there are or have been any proceedings between the insurer and the insured in respect of the supposed liability and, if so, relevant details of those proceedings;

(v) in a case where the contract sets a limit on the fund available to meet claims in respect of the supposed liability and other liabilities, how much of it (if any) has been paid out in respect of other liabilities;

(vi) whether there is a fixed charge to which any sums paid out under the contract in respect of the supposed liability would be subject.

(4) For the purpose of sub-paragraph (3)(b)(iv), relevant details of proceedings are—

(a) in the case of court proceedings—

(i) the name of the court;

(ii) the case number;

(iii) the contents of all documents served in the proceedings in accordance with rules of court or orders made in the proceedings, and the contents of any such orders;

(b) in the case of arbitral proceedings or, in Scotland, an arbitration—

(i) the name of the arbitrator;

(ii) information corresponding with that mentioned in paragraph (a)(iii).

(5) In sub-paragraph (3)(b)(vi), in its application to Scotland, “fixed charge” means a fixed security within the meaning given by section 47(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 (asp 3).

(6) A notice given by a person under this paragraph must include particulars of the facts on which that person relies as entitlement to give the notice.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.8.2016 by S.I. 2016/550, art. 2