Solicitors' PI and ATE Insurance: A Cautionary Tale
Mondaq Business Briefing › United Kingdom Law Articles in English (2010)
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Solicitors' PI and ATE Insurance: A Cautionary Tale
A recent decision in the Commercial Court is the latest chapter in the fallout from the "miners' claims" concerning wrongful deductions made from compensation awarded to them. The Judgment sheds light on several issues that may arise when an ATE backed claim does not go according to plan. The case concerned a failed application for a Group Litigation Order to facilitate claims being made by a group of miners against a trade union, its claims handling company, and various firms of solicitors who had allegedly made wrongful deductions from compensation received by the miners under British Coal Compensation Schemes. When a substantial costs order was made against the miners following the failed application, their ATE Insurer, Templeton Insurance Ltd, purported to avoid the policy and refused to indemnify the min...
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