WILL AN INSURER PAY FOR THIS? ONE OF THE MOST ESSENTIAL QUESTIONS IN LITIGATION CONSIDERED: WEBINAR 30th OCTOBER 2026
The post earlier this week on the claimant’s inability to use TUPE to bring a claim against a defendant highlights the very real difficulties that exist when there is no defendant who can pay the claim. In that case the defendant was insolvent and there was a £250,000 deductible for each claim. The blunt reality is that the claimants in that complex clinical negligence type case are unlikely to recover anything. This webinar looks at the routes available to practitioners when the person or company primarily liable cannot – or will not – meet the claim. It is an updated version of the webinar last presented in September 2025 and includes important developments during 2026. Booking details are available here.
Content
Will an insurer pay for this – Insurers, insolvent defendants, the MIB and finding someone who can actually pay the claim
The webinar takes a practical approach to identifying who will ultimately meet a judgment. It provides checklists and questionnaires for practitioners to take away and use in their practice.
Topics include:
- The starting point – investigate recoverability before spending years litigating the claim.
- Identifying the insurer – what information can be obtained and from whom?
- The Third Parties (Rights Against Insurers) Act 2010 – when can the claimant proceed directly against an insurer?
- What happens when the defendant is insolvent?
- Obtaining information about insurance cover before proceedings are issued.
- Policy coverage disputes – what happens when the insurer says the policy does not respond?
- Policy limits, excesses and deductibles – the crucial distinction between the existence of insurance and the availability of insurance money to meet the claim.
- Employers’ liability insurance – tracing historic cover.
- Public liability insurance – what practitioners need to establish.
- Companies which have been dissolved or entered liquidation – identifying the correct procedural route.
- TUPE and vicarious liability – the implications of the Court of Appeal’s decision in ABC v Huntercombe.
- Road traffic claims – the insurer’s statutory liability under the Road Traffic Act.
- Uninsured and untraced drivers – when the MIB becomes relevant.
- Article 75 and insurer status issues.
- Claims involving insolvent insurers – what alternative sources of compensation may exist?
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