ATE: The right of recovery

Simon Brown considers the liability of ATE insurers to a successful defendant ‘An ATE insurer will ordinarily be liable under the terms of the policy to the insured. But does a successful defendant have to pursue a claimant in the expectation that the claimant will join the insurer or can the defendant pursue the insurer …
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Cases Referenced

  • Curtis v Taunton Deane BC (Unreported 2010)
  • England v (1) Burnley Health Care Amicus Legal Ltd Lawtel 27 March 2008
  • Murphy v Young [1997] 1 WLR 1591
  • Samuel v (1) Swansea City & County Council (2) Europ Assistance Insurance Ltd Lawtel 3 September 2008