header-logo header-logo

Insurance surgery: Taking the direct approach

Taking direct action against insurers following a hotel or accommodation accident abroad isn’t as straightforward as it seems, says Chris Deacon

Following the European Court’s decision in FBTO v Odenbreit [2008] 2 All ER (Comm) 733, [2007] All ER (D) 206 (Dec) it has been widely accepted that English holidaymakers enjoy a direct right of action against the insurer of the hotel or accommodation provider, provided such a direct right of action exists under the law which applies to the claim being made. The convenience of this is that it allows holidaymakers to pursue the insurer directly in their home courts rather than having to start a claim in the country where the hotel or insurer is based. While such a direct right of action does not exist under English law for non-road traffic accident claims, by way of example it is recognised and enshrined in statute under both Spanish and French law. Two recent cases illustrate how such claims are not always as straightforward as they might first seem.

Williams

In

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll