Can You Access An Opponent's Liability Insurance Information?

A question often asked by clients about to embark upon litigation is whether they can gain access to their opponent's liability insurance information or policy to determine if they are 'good for the money'.

Despite being highly relevant from a commercial perspective, the answer continues to be no. Where the opponent is solvent, and the insurance position is not relevant to the issues in dispute between the parties, the court will not order disclosure of that information either before or after proceedings are issued.

What was the background to the application for disclosure?

In Peel Port Shareholder Finance Co Ltd v Dornoch Ltd, Peel Port was the owner of a warehouse that was damaged by a fire allegedly caused by the activities (flame cutting work) carried out by a company called European Active Projects Ltd (EAP). Peel Port was concerned that although EAP was solvent, it had not articulated any defence to the claim, would not be able to meet any judgment (likely