Chubb Insurance Company of Europe S.A. v Davies

Chubb Insurance Company of Europe S.A. v Davies

The Black parties are permitted to intervene as defendants because CPR 19.2(2) does not require an accrued cause of action and justice requires they be allowed to advance their case, given their prospective interest in the insurance proceeds. There is no justification for a stay of Chubb’s summary judgment application.

Parties
Claimant: Chubb Insurance Company of Europe S.A.; Defendant: Vivian Davies; Applicant: Herbert Black; Applicant: American Iron & Metal Company Incorporated; Applicant: Lito Trade Incorporated
Jurisdiction
England and Wales
Judgment Date
23 September 2004
Procedural Posture
Commercial Insurance Dispute / Interlocutory Application—joinder and Stay
Outcome
Black parties permitted to intervene as defendants; no stay of Chubb’s summary judgment application; directions for future conduct agreed and order to be issued.
Legal Topics
Directors and Officers Liability, Third Party Rights, Intervention, Summary Judgment, Jurisdiction
Insurance Law Civil Procedure Directors and Officers Liability Third Party Rights Intervention Summary Judgment Jurisdiction

Case Brief

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Parties

Chubb Insurance Company of Europe S.A.

Claimant

Vivian Davies

Defendant

Herbert Black

Applicant

American Iron & Metal Company Incorporated

Applicant

Lito Trade Incorporated

Applicant

Procedural Posture

Commercial Insurance Dispute / Interlocutory Application—joinder and Stay

Legal Issues

  1. 1 Whether the Black parties should be permitted to intervene as defendants in the insurance dispute between Chubb and Mr Davies
  2. 2 Whether Chubb's application for summary judgment should be stayed pending Mr Davies' appeal
  3. 3 Whether the Black parties have a sufficient interest to be joined under CPR 19.2(2)

Ratio Decidendi

The Black parties are permitted to intervene as defendants because CPR 19.2(2) does not require an accrued cause of action and justice requires they be allowed to advance their case, given their prospective interest in the insurance proceeds. There is no justification for a stay of Chubb’s summary judgment application.

Court Disposition

Black parties permitted to intervene as defendants; no stay of Chubb’s summary judgment application; directions for future conduct agreed and order to be issued.

Orders

  • Black parties joined as defendants.
  • No stay of Chubb’s Part 24 application.