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ARTICLE · 26 DECEMBER 2024

Insurers And Contribution Claims – Difficulties Caused By The 'Same Damage' Rule

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The Riedweg v HCC case clarifies that insurers sued under the 2010 Act cannot claim contribution under the 1978 Act, as their liability arises solely from insurance obligations and not the same damage caused by their insured.

United KingdomInsurance
Samantha Holland
Samantha Holland
Susannah Fink
Susannah Fink
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The recent case of Riedweg v HCC & others appears to be one of the first reported decisions that looks at the interaction between the Civil Liability (Contribution) Act 1978 (the 1978 Act) and the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act).

To bring a claim for contribution pursuant to the 1978 Act, a claimant must show that the damage sought is the 'same damage' as that for which they are also potentially liable. In this case, the court was required to decide whether the liability that a professional indemnity insurer of an insolvent insured had to a claimant under the 2010 Act was for the "same damage" as the contribution claim that the insurer subsequently sought to bring against another party.

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