Riedweg v HCC International Insurance Plc & Anor [2024] EWHC 2805 (Ch) (11 November 2024)

Riedweg v HCC International Insurance Plc & Anor [2024] EWHC 2805 (Ch) (11 November 2024)

A professional indemnity insurer sued directly under the Third Parties (Rights Against Insurers) Act 2010 is not liable in respect of the same damage as its insured for the purposes of a contribution claim under the Civil Liability (Contribution) Act 1978; therefore, the insurer cannot pursue a contribution claim against third parties alleged to have caused the same loss to the claimant.

Citation
[2024] EWHC 2805 (Ch)
Parties
Claimant: Nicole Marlene Riedweg; First Defendant: HCC International Insurance plc; Second Defendant: Mike Sheridan; First Respondent: Forsters LLP; Second Respondent: Victoria Kate Johns
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Professional Negligence / Application for Permission to Issue Part 20 Claim
Outcome
Application dismissed
Legal Topics
Contribution Claims, Third Party Rights Against Insurers, Same Damage Requirement, Professional Indemnity Insurance
Insurance Law Professional Negligence Civil Procedure Contribution Claims Third Party Rights Against Insurers Same Damage Requirement Professional Indemnity Insurance

Case Brief

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Parties

Nicole Marlene Riedweg

Claimant

HCC International Insurance plc

First Defendant

Mike Sheridan

Second Defendant

Forsters LLP

First Respondent

Victoria Kate Johns

Second Respondent

Procedural Posture

Professional Negligence / Application for Permission to Issue Part 20 Claim

Legal Issues

  1. 1 Whether a professional indemnity insurer of an insolvent insured is liable in respect of the same damage as its insured for purposes of a contribution claim under the Civil Liability (Contribution) Act 1978
  2. 2 Interaction between the Civil Liability (Contribution) Act 1978 and the Third Parties (Rights Against Insurers) Act 2010

Ratio Decidendi

A professional indemnity insurer sued directly under the Third Parties (Rights Against Insurers) Act 2010 is not liable in respect of the same damage as its insured for the purposes of a contribution claim under the Civil Liability (Contribution) Act 1978; therefore, the insurer cannot pursue a contribution claim against third parties alleged to have caused the same loss to the claimant.

Court Disposition

Application dismissed

Orders

  • Permission to pursue an additional claim (Part 20 claim) against Forsters LLP and Victoria Kate Johns is refused