Insurers & Contribution Claims - Difficulties Caused by the 'Same Damage’

Introduction

The case of Riedweg v HCC & others has gained attention as one of the first reported decisions to examine the interaction between two significant pieces of legislation: the Civil Liability (Contribution) Act 1978 and the Third Parties (Rights Against Insurers) Act 2010.

At the heart of this case was the question of whether a professional indemnity insurer's liability to a claimant under the 2010 Act could be considered the ‘same damage’ as that for which the insurer sought contribution under the 1978 Act from another party.

The court's decision offers important insights into the interplay of these legal provisions, especially in scenarios involving the insolvency of a party and the rights of third parties to claim directly from an insurer.

What You Will Learn

This short webinar will cover the following:

• An overview of the Third Parties (Rights Against Insurers) Act 2010 (TPA 2010) and how it works
• An overview of the Civil Liability (Contribution) Act 1978 (CLCA 1978), and what it does
• Riedweg v HCC & Others (2024) - a summary of the facts
• The High Court decision - how the court interpreted the interaction between the TPA 2010 and the CLCA 1978

This pre-recorded webinar will be available to view from Monday 12th May 2025

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