Legal Entity - third party claim

Juliette100

I am hoping someone can help me on a couple of points.  I am looking to bring a small claims against a company.  I have been dealing with a brand name, been part paid by the brand name and all emails and contact has been with the brand name.  I have submitted my claim and the defendant has put in their defense but the lawyer has said that I have referenced the wrong legal entity.  I have looked into this and there is the underwriters but I have never dealt with them and have never been paid by them.  Should I be looking to request an amendment of the name?   Is it normal in the UK for a third party (not the insured) to claim against the underwriters.  I have only just gained the defendant's defense so I assume I can contact the defendant's lawyer to ask for a 'consent order'.         

user1977

Would help if we knew more about the background. Is this related to your previous thread? If you've claimed against the wrong party then you may need to start again.

DullGreyGuy

If its related to the previous thread then you should be suing either the driver or their employer; its their choice if they pass it to their insurers or not until such time as you have a court order against them. 

If you have sued anyone else then you've sued the wrong entity and will need to start again. The monies paid to date on the litigation are lost and cannot be added to your next litigation. 

Juliette100

No this is a new situation but I think after some research I have the answer.  I may be wrong but it would appear despite all my dealings with an insurance company x - cheques from x , acceptance of claim, all correspondence from x, all telephone calls from insurance X the lawyer is being disingenuous.  It would appear they put their defence forward to protect their position but in their defence they also say I’ve logged the wrong defendant and unless you go back and object to that they move to strike out.  Their defence is just in case the strike out - because they fight to say the insurance cos (x) name is incorrect or apparently incorrect - doesn’t succeed.  It would appear they want their cake and eat it.  They blur the situation by saying I should be suing the underwriters when zero contact has been with them. 🤦‍♀️

DullGreyGuy

You need to give the details if you want any meaningful help.

Terms like "insurance company", "insurer", "underwriter", "underwriting" are used very liberally and true insurers (who'll be PRA authorised unless a Lloyds Syndicate) often give delegated authority to third parties for various parts of the operation of being an insurer to others in the supply chain however the ultimate liability remains with them. 

For example on my business insurance...

I deal with and pay and should register claims with One Insurance Broker

My policy book on the front cover says its Glenham Underwriting Ltd, they are the ones that priced the policy, confirmed coverage and whom I should raise any complaints to

The Schedule however states that their capacity is 60% Westfield Managing Agent and 40% Axa XL for my PI and Ascot Underwriting for my EL and PL

Even this isnt 100% accurate as my EL and PL is really covered by syndicate 1414 at Lloyds but as syndicates are not legal entities its common for the managing agent of the syndicate to be listed. 

user1977

Juliette100 said:

Is it normal in the UK for a third party (not the insured) to claim against the underwriters.

If you're a third party (rather than the insured), why are you suing the insurers at all?