Insurance Law Monthly
Liability insurance: operation of the Third Parties (Rights Against Insurers) Act 2010
The decision of the Outer House of the Court of Session in Scotland Gas Networks plc v QBE UK Ltd [2024] CSOH 15 discusses important issues concerning the operation of the Third Parties (Rights Against Insurers) Act 2010. The case establishes that once the assured's liability has been established by judgment, arbitration award or binding settlement, it cannot be challenged by the insurers and their only defence can be based on policy coverage.
SGN: the facts