Insurance Law

Insurers joined as a contributor to a PIPA claim

Contact: Mark Brookes and Joseph Brighouse,  Carter Newell (Queensland, Australia)

Shapcott v W.R. Berkley Insurance (Europe) Limited & Anor [2015] QDC 102

Background

A respondent to a claim made pursuant to the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) proposed to join a professional indemnity insurer (who had declined indemnity) as a contributor to the claim. The claimant consented to the out of time contribution notice but understandably, the insurer did not.

The respondent made an application to the court for leave to issue the contribution notice to the insurer out of time.

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