Kate Ayres
Kate is a member of the Knowledge team at HFW with responsibility for the insurance and reinsurance sector. Kate is focused on the provision of knowledge to the firm's (re)insurance team and to its clients.
Kate is a qualified solicitor in England and Wales, becoming a knowledge professional in 2008, and prior to that was a fee earner specialising in professional indemnity matters and coverage disputes. Kate's experience as a knowledge lawyer includes supporting on coverage and defence work, including in relation to property, professional negligence and regulatory matters, D&O, W&I as well as reinsurance.
Practice Area
Panel
- Contributing Author
1 Contributions by Kate Ayres
PRACTICE NOTES
Third Parties (Rights Against Insurers) Act 2010: UK guide to rights transfer, direct proceedings, information and disclosure, limitation, set-off, arbitration and insolvency triggers
Purpose of the TP(RAI)A 2010
The Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) revoked and superseded the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930). The aim of the 1930 Act was to make sure that, where an insured person had incurred an insured liability to a third party and later became insolvent, the insurance proceeds were paid to that third party rather than forming part of the insolvent estate to be divided amongst all creditors of the insured. In much the same vein as the earlier regime, TP(RAI)A 2010 assigns to the third party certain of the insolvent insured’s rights under the policy and permits the third party to issue proceedings straight against the insurer. The principal development under TP(RAI)A 2010 is that a third party may now sue the insurer directly or obtain early information about the insurance position without first proving the insured’s liability.
For comprehensive guidance on the principal provisions of TP(RAI)A 2010, see Practice Note: Third Parties (Rights Against Insurers) Act 2010. See also: Third parties’ rights against insurers—flowchart [Archived].
TP(RAI)A 2010—commencement and transitional period
TP(RAI)A 2010 took effect on 1 August 2016 (referred to below as the commencement date) and a...
Restructuring & Insolvency
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