Commercial & Dispute Resolution - Review

    February 2010

    Goldsmith Williams (a firm) v Travelers Insurance Company Limited [2010] EWHC 26 QB reminds us of the problems faced by lenders bringing negligence claims where the Defendant's professional indemnity insurance cover has been withdrawn. Lenders must then make the difficult decision whether to make a claim under the Third Party (Rights Against Insurers) Act 1930 (the "Act"), a process which can be complicated, uncertain and expensive.