There may be circumstances when disclosure of a party’s insurance arrangements can be ordered by the court
In the case of XYZ v Various  EWHC 3653 (QB) — part of the PIP breast implant litigation — a group of litigants was granted an order for disclosure of a defendant’s insurance arrangements in respect of the defendant’s potential liability in the litigation.
The claimants, a group of nearly 1,000 women, seek damages from the companies operating various private hospitals that, they say, sold them defective breast implants manufactured by PIP. Certain defendants have already entered liquidation in the face of these claims.
Against that backdrop, the claimants applied for disclosure of the insurance cover held by the second defendant, Transform Medical Group, against which 670 claims have been brought, with an average value of £13,000 each. They claimed that this information was necessary to understand whether Transform had sufficient insurance to fund participation in the litigation to the end of trial and to meet any orders for damages and/or costs…
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In February 2014, the European Securities and Markets Authority (ESMA) published a Q&A document regarding the application of the AIFMD.
A court has reinforced the position that the primary liability to pay under a performance bond is separate from the relationship between the parties to the underlying contract.