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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Are you the defendant (D) or claimant in this scenario please? If D, are you the D that is considering bankruptcy or the other D?
Thanks. Do you know the reason for the claim against them - i.e. is it some form of alleged breach of contract for example?
FYI - I am shortly due to leave on an appointment. Whilst obviously I can revert to you later if necessary if you can come back to me on the above I would hope to be able to provide you with a full response now before I go if it would be of help...
I note you have gone off line. I unfortunately have to leave for an appointment now but if you can revert to me I will with your permission respond to you this evening.
yes please respond this evening that is fine.
it is due to a road traffic accident the insurance company are sueing the defendants to recover the outlay that they incurred as a result of the accident.
the insurance company want to recover the costs from the defendant due to non disclosure.
the defendant cannot pay this.
Thanks for the above. Sorry for the delay in reverting to you. Just a few more points if I may - I would prefer to give you a specific reply to the precise circumstances rather than a generalised one which I fear nay be of limited use. a) is the insurance company the defendants insurance co or a third party's?b) whose fault was the accident?
Thanks. Why is there a second defendant in this case? Presumably only one of the defendants had the policy in question and it was not a joint policy or was it a joint policy?
Got it thank you...
On the basis that the policy is a joint policy and the defendants held the policy as joint policy holders then each of them have an equal duty to respond truthfully to questions the insurer asked on the proposal form. Accordingly the insurer has a claim against each of them jointly and severally - though of course whether they have a successful claim is another matter.
On this basis if they obtained judgement against the defendants and one of the defendants was declared bankrupt either before or after judgement then the remaining defendant would be liable for the entire judgement debt.
However if the defendants propose to defend the claim they may wish to consider asking the court to adjourn the claim in favour of a resolution via the Financial Ombudsman. This is an alternative dispute resoultion process which is cost free to the defendants and the FO can look at the issues and make a determination which is binding on the insurer but not on the customer who can still elect to go to court if they prefer.
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