PA(GI) Ltd v GICL 2013 Ltd & Anor [2015] EWHC 1556 (Ch) (05 June 2015)

PA(GI) Ltd v GICL 2013 Ltd & Anor [2015] EWHC 1556 (Ch) (05 June 2015)

The phrase 'liabilities attaching to the Transferred Policies' in the 2006 Scheme refers only to contractual insurance liabilities and does not include liabilities for mis-selling PPI policies. There is no express or implied transfer of mis-selling liabilities to Groupama under the scheme, and such liabilities remain with PAGI.

Citation
[2015] EWHC 1556 (Ch)
Parties
Claimant: PA(GI) LIMITED; First Defendant: GICL 2013 LIMITED; Second Defendant: CIGNA INSURANCE SERVICES (EUROPE) LIMITED
Jurisdiction
England and Wales
Judgment Date
05 June 2015
Procedural Posture
Companies Court Application Under Part VII FSMA / Judgment on Application for Construction of Insurance Business Transfer Scheme
Outcome
Application dismissed. Declaration granted that mis-selling liabilities were not transferred to Groupama under the 2006 Scheme.
Legal Topics
Insurance Business Transfer Schemes, Mis Selling Liability, Interpretation of Contractual Terms, Financial Services and Markets Act 2000, Payment Protection Insurance (ppi)
Insurance Law Company Law Insurance Business Transfer Schemes Mis Selling Liability Interpretation of Contractual Terms Financial Services and Markets Act 2000 Payment Protection Insurance (ppi)

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Parties

PA(GI) LIMITED

Claimant

GICL 2013 LIMITED

First Defendant

CIGNA INSURANCE SERVICES (EUROPE) LIMITED

Second Defendant

Procedural Posture

Companies Court Application Under Part VII FSMA / Judgment on Application for Construction of Insurance Business Transfer Scheme

Legal Issues

  1. 1 Whether liability for mis-selling PPI policies was transferred to Groupama under the 2006 Scheme
  2. 2 Proper construction of 'Transferred Liabilities' in the 2006 Scheme

Ratio Decidendi

The phrase 'liabilities attaching to the Transferred Policies' in the 2006 Scheme refers only to contractual insurance liabilities and does not include liabilities for mis-selling PPI policies. There is no express or implied transfer of mis-selling liabilities to Groupama under the scheme, and such liabilities remain with PAGI.

Court Disposition

Application dismissed. Declaration granted that mis-selling liabilities were not transferred to Groupama under the 2006 Scheme.

Orders

  • It is declared that the 'Transferred Liabilities' under the 2006 Scheme do not include any liability for the alleged mis-selling of PPI.
  • The insurer responsible for any claims before the Financial Ombudsman Service is PAGI, not Groupama.