Professional Negligence: The debt game
Admission of a proof of debt in a bankruptcy, either before or after the discharge of the bankrupt insured, suffices for the purposes of a direct claim against the bankrupt's professional indemnity insurers under the Third Parties (Rights against Insurers) Act 1930. The point at issue in this case, arising out of the notorious Brandons debacle, concerned whether a claimant could still pursue the professional indemnity insurers of a bankrupt solicitor even where a claim had not been established before the bankrupt's discharge. The conclusion is of importance to professional indemnity insurers.
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