Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 15 JUNE 2010

Third Parties (Rights Against Insurers) Act 2010

Beale & Company
Explore more from Beale & Company

On 25 March 2010, the Third Parties (Rights Against Insurers) Act 2010 ("the Act") received Royal Assent and became law in England and Wales.

United KingdomInsurance
Ian Masser
Ian Masser

Executive Summary

On 25 March 2010, the Third Parties (Rights Against Insurers) Act 2010 ("the Act") received Royal Assent and became law in England and Wales1.

The Act continues to permit the transfer (from an insured to a potential third party creditor) of rights arising under a contract of insurance where that insured is insolvent and cannot, as a result, meet or respond to a third party's claim for damages.

The primary function of the Act is to modernise the previous legislation, as set out in the Third Parties (Rights Against Insurers) Act 1930 ("the Previous Act").

The purpose of this note is to briefly identify and comment on the key provisions introduced by the Act as well as briefly considering the potential implications for insurers.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Strait Of Hormuz: Current Situation And Implications For Marine Insurance

The Strait of Hormuz has become a critical flashpoint for global maritime trade following the outbreak of hostilities involving Iran in 2026. With approximately one-fifth of global oil trade passing through this vital waterway, commercial shipping now operates under unprecedented security threats including missile attacks, drone strikes, and mine risks. Marine insurance premiums have skyrocketed from 0.125% to as high as 10% of vessel values, fundamentally altering the economics of Gulf trade and forcing th
United KingdomInsurance
Lester Aldridge LLP
Lester Aldridge LLP
Article

A Tailored Regime: PRA And FCA Consult On UK Insurance Captives

The UK's Financial Conduct Authority and Prudential Regulation Authority have unveiled Stage 1 of a new tailored regulatory framework for insurance captives, designed to be proportionate, competitive, and reflective of captives' lower risk profiles. With consultations closing in October 2026 and implementation targeted for mid-2027, the regime promises streamlined authorisation, bespoke capital requirements, and simplified supervision—but will it be enough to compete with established offshore jurisdic
United KingdomInsurance
HFW
HFW
Article

Warranty, Service Contract Or Insurance? Navigating The Regulatory Landscape For Product Protection Arrangements

Manufacturers and retailers use warranties to build consumer trust, but determining whether these product protection arrangements constitute regulated insurance contracts is not always straightforward. The Financial Conduct Authority has identified instances where warranty products may have been misclassified, raising important questions about regulatory compliance for businesses designing, distributing, or acquiring warranty products.
United KingdomInsurance
Freeths LLP
Freeths LLP
Article

Six Minutes From Crisis To Covered: How Artificial Intelligence Is Transforming Pet Insurance Claims

Swedish Insurtech Lassie has launched in the UK with a revolutionary pet insurance model that combines AI-powered claims processing, gamified health rewards, and personalized pet care guidance through a single app. The platform promises to settle claims in just six minutes and offers a prevention-first approach that could fundamentally reshape the traditional pet insurance market. With over 20 million UK pets currently uninsured, Lassie's innovative approach may finally bridge the gap between pet owners and
United KingdomInsurance
Browne Jacobson LLP
Browne Jacobson LLP
Article

Insuring Offshore Wind Growth Amid Rising Risks, Defects And Claims

The offshore wind industry faces unprecedented insurance challenges as it scales rapidly to meet global energy demands. With subsea cable failures, design defects, and evolving technologies creating complex coverage issues, insurers and wind farm operators must navigate LEG exclusions, series loss clauses, and contingent business interruption claims. How can the insurance market balance risk limitation with the viability of this critical renewable energy sector?
United KingdomInsurance
HFW
HFW
Article

Can Insurers Avoid Covering Defence Costs Under A D&O Policy Before Fraud Is Proved?

In a landmark ruling, the English Commercial Court has determined that insurers must continue advancing defence costs under D&O policies even when fraud allegations are pending, provided a non-avoidance clause is present. The decision addresses whether such clauses violate public policy and establishes that insurers cannot withhold coverage until fraud is either admitted or proven by final court decision.
United KingdomInsurance
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

FCA Pure Protection Market Study: Fair Value Findings - What Firms Need To Do

The FCA has published its final report on the distribution of pure protection products, examining firms' fair value assessments under the Consumer Duty and PROD 4. The regulator found significant gaps in how insurers and intermediaries evidence their fair value conclusions, particularly around commission structures and guaranteed acceptance over 50s products, signaling that supervisory action will follow for firms with weak frameworks.
United KingdomInsurance
TLT
TLT