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I am confused now as your answer contradicts what the course tutor said and he did seem very knowledgeable,he did say that this is a very recent decision from an English court.
It might have been helpful if he had given you the judgment. I cannot imagine why the Court of Appeal would even be considering that issue. They do not regulate insurers unless, of course, they breach the law but then you would need to show breach of contract or criminal offences or departure from a statute.
You could always email him and ask him to specify.
Thanks,but still a bit in the dark,was hoping for a more definite reply.
I don't need any more information but felt I had to mention that I found a more conclusive answer to my query on mums net of all places.If you should check this out I would appreciate any feedback.
A better answer that backs up the netmums site, is forums. overclockers.co.uk