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.
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