Nicole Marlene Riedweg v HCC International Insurance Plc & Anor

Nicole Marlene Riedweg v HCC International Insurance Plc & Anor

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 purposes of a contribution claim under the Civil Liability (Contribution) Act 1978; the insurer's liability is to indemnify the insured, not to inflict the same damage, and the statutory scheme does not alter this substantive position.

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 Test, Subrogation, Joinder of Parties
Insurance Law Professional Negligence Civil Procedure Contribution Claims Third Party Rights Against Insurers Same Damage Test Subrogation Joinder of Parties

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 purposes of a contribution claim under the Civil Liability (Contribution) Act 1978; the insurer's liability is to indemnify the insured, not to inflict the same damage, and the statutory scheme does not alter this substantive position.

Court Disposition

Application dismissed

Orders

  • Application for permission to pursue an additional claim against Forsters LLP and Victoria Kate Johns is dismissed