Wallace v Follett [2013] EWCA Civ 146 (07 March 2013)

Wallace v Follett [2013] EWCA Civ 146 (07 March 2013)

The court held that the insurer may require the claimant to undergo a medical examination for annuity purchase or, not more than once every seven years, for reserve review, with costs covered and court recourse for disputes. The insurer may suspend payments if written confirmation of life is not provided annually, but must give written notice and allow for prompt resumption upon compliance.

Citation
[2013] EWCA Civ 146
Parties
Appellant/defendant: Lauren Wallace; Respondent/claimant: David Follett
Jurisdiction
England and Wales
Judgment Date
07 March 2013
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed on both grounds; order to be agreed reflecting judgment terms.
Legal Topics
Damages Assessment, Periodical Payments, Catastrophic Injury, Contributory Negligence, Settlement Orders
Personal Injury Civil Procedure Damages Assessment Periodical Payments Catastrophic Injury Contributory Negligence Settlement Orders

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Parties

Lauren Wallace

Appellant/defendant

David Follett

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the insurer can require the claimant to undergo periodic medical examinations for reserve calculation purposes
  2. 2 Whether the insurer can suspend periodical payments without a court order if the claimant fails to provide annual written confirmation of being alive

Ratio Decidendi

The court held that the insurer may require the claimant to undergo a medical examination for annuity purchase or, not more than once every seven years, for reserve review, with costs covered and court recourse for disputes. The insurer may suspend payments if written confirmation of life is not provided annually, but must give written notice and allow for prompt resumption upon compliance.

Court Disposition

Appeal allowed on both grounds; order to be agreed reflecting judgment terms.

Orders

  • Insurer entitled to require medical examination for annuity purchase or reserve review not more than once every seven years, with costs covered and court recourse for disputes.
  • Claimant must provide annual written confirmation of life; insurer may suspend payments if not provided, with prompt resumption upon compliance.