Court of Appeal
The Issues: The Claimant was a passenger in a car and purchased an ATE insurance policy in order to claim personal injury against the Defendant driver. At detailed assessment the Defendant’s insurers produced for the first time the Defendant’s Before The Event (“BTE”) insurance policy which would have covered the Claimant’s claim.
(1) When should an existing BTE policy generally be used in preference to an ATE policy?
(2) Should the Claimant passenger have used the Defendant driver’s BTE policy?
(3) What was the extent of the BTE enquiries a Claimant solicitor should normally make for any personal injury claimant?
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