Knightly v Dailey and Ors Case No ONE 01566 (ATE Test Cases)
Posted Monday 10th February 2014
It was held recently, in Knightly v Dailey and Ors, that an opponent can no longer simply rely on the fact that, where a BTE insurance policy is discovered later on in proceedings, an ATE policy taken out for the same claim is automatically deemed unrecoverable.
Until this ruling this has been a common feature in a large number of settlements. In future, for the defendant to successfully argue that an ATE insurance premium is unrecoverable in light of the presence of a BTE insurance policy, they will have to ensure they can justify that the BTE policy was completely suitable for the client’s bespoke requirements and that there was a certain level of disregard to enquiries in respect of the existence of BTE insurance.