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Insurance Law Monthly

Claims against foreign insurers: service outside the jurisdiction

Brexit was widely thought to have removed the possibility that a person injured tortiously elsewhere in the EU and entitled under the law of that country to bring a direct claim against the tortfeasor's insurers could bring proceedings in England, a right conferred by the Brussels Regulation Recast.

Graham v Fidelidade - Companhia de Seguros SA [2024] EWHC 2010 (KB); [2024] Lloyd's Rep IR Plus 33 has now decided that where a direct action against insurers is permitted, English proceedings are available by obtaining permission for service out of the jurisdiction on the ground that the claim is one in tort.

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