Analysis

Court of Appeal ruling could have insurers revisiting their reserving for personal injury claims

By 2020-10-13T11:50:00

wheelchair

Although the court may have rectified a ‘clear injustice for many disabled claimants’, the insurance industry will now have to pick up the price tag for additional accommodation costs in serious personal injury cases

On 9 October, the Court of Appeal issued its ruling on the Swift v Carpenter case, revoking previous case law to allow injured claimants to recover the cost of housing that best accommodates their disabilities.

Although this decision may have rectified a “clear injustice for many disabled claimants”, insurers will now have to put their hands deeper into their pockets to settle these types of personal injury claims - Daniel Frieze, head of personal injury at St John’s Buildings barristers chambers, for example, said that insurers will now be “revisiting their reserves”.

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