Open AccessEnforcement of Insurance Contracts by or on behalf of Third Parties
Author(s) -
David B Brian
Publication year - 1996
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v26i4.6148
Subject(s) - privity of contract , appeal , enforcement , third party , insurance policy , law , business , order (exchange) , insurance law , law and economics , exclusion clause , actuarial science , general insurance , political science , economics , contract management , finance , internet privacy , marketing , computer science
The object of this article is to identify and analyse various actions which may assist a third party who is refused indemnification by an insurer on the ground that s/he was not privy to the contract of insurance. Enforcement of the contract pursuant to the Contracts (Privity) Act 1982 is identified as the most appropriate option that is potentially available to a third party. However, in order for the Act to apply to insurance policies, it will be necessary for the Court of Appeal to overrule or distinguish a body of case law on the Act which has arisen from cases concerning nominees.