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Insurance – Policy. The Court of Appeal, Civil Division, allowed the claimant's appeal concerning a claim for hire charges in respect of a replacement vehicle following a road traffic accident. The particulars of claim made it clear that the claim was a subrogated claim under a policy of insurance, under which the claimant had claimed, and that the hire charges had been discharged by payments under the policy. Among other things, the court did not accept that, if there had been, as the judge had found, two insurance policies, it had been right to confine the claimant to a claim only in respect of the first.
Insurance – Policy. The Court of Appeal, Civil Division, allowed the claimant's appeal concerning a claim for hire charges in respect of a replacement vehicle following a road traffic accident. The particulars of claim made it clear that the claim was a subrogated claim under a policy of insurance, under which the claimant had claimed, and that the hire charges had been discharged by payments under the policy. Among other things, the court did not accept that, if there had been, as the judge had found, two insurance policies, it had been right to confine the claimant to a claim only in respect of the first.
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