Wallace v Follett

Wallace v Follett

The insurer is entitled to require the injured person 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 periodical payments if the injured person fails to provide annual written confirmation of being alive, provided proper notice is given, without needing a court order.

Parties
Appellant/defendant: Lauren Wallace; Respondent/claimant: David Follett
Jurisdiction
England and Wales
Judgment Date
07 March 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed on both grounds; parties to agree order reflecting judgment.
Legal Topics
Damages Assessment, Periodical Payments, Medical Examination, Proof of Life, Settlement Orders
Personal Injury Civil Procedure Damages Assessment Periodical Payments Medical Examination Proof of Life Settlement Orders

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Parties

Lauren Wallace

Appellant/defendant

David Follett

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

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

Ratio Decidendi

The insurer is entitled to require the injured person 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 periodical payments if the injured person fails to provide annual written confirmation of being alive, provided proper notice is given, without needing a court order.

Court Disposition

Appeal allowed on both grounds; parties to agree order reflecting judgment.

Orders

  • Insurer entitled to require medical examination for annuity purchase or reserve review not more than once every seven years, with costs covered and right to apply to court for disputes.
  • Insurer entitled to suspend payments if annual written confirmation of life is not provided, without court order, provided proper notice is given.