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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll