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ATE Insurance in Action – Only the strong survive? Facts from actual personal injury cases and claims

By David Stoker, Senior Underwriter

(Estimated reading time: 2 minutes 43 seconds)

Though Temple is well known to leading clinical negligence practitioners, we wanted to remind you about our equal appetite and experience for personal Injury work. We insure PI claims of all types including industrial disease, accidents at work and public liability – and specialise in high value claims. Here’s just a few reasons why – facts based on actual cases.

We are a committed partner and will stay the distance.

The recent RTA reforms has not been the doomsday scenario many feared. There are many cases where the value is well in excess of £5,000. We have just authorised rejection of an offer in excess of £3 million in a pedestrian RTA case where a provisional damages settlement is being sought.

Temple will support you through the good times and the not so good.

QOCS is often a good safety net but are you prepared for that big loss? This month (January 2022) we are paying a single claim for £70,000. It had QOCS protection although several experts were required. It went to a 5-day trial with the outcome being the judge preferred the opponent’s evidence – as simple as that. The client was protected by Temple’s cover – we do not quibble or look for ways of not meeting our commitments.

At Temple you can speak to an underwriter immediately.

We can provide that important clarification you may need when, for example, taking a break in negotiations. In another case last month, the writer took a call asking, “Would we reject an offer of 60% on liability?”. The QC for the claimant believed 70% was about right; we backed that and authorised rejection there and then. The 10% difference amounted to about £500,000 and would be invaluable towards future care.

We are not afraid. We care about your clients and justice.

In 2022 we are supporting a number of cases proceeding to the Supreme Court. Here are just two examples:

For secondary victim cases one decision will be vital – as the current Court of Appeal ratio decidendi is very unsatisfactory. As you may know the ratio effectively prevents a claim being made if the client was not present at the shocking event. The Taylor v A Novo Court of Appeal decision can only be overturned by the Supreme Court.

We are also backing a case against the local authority where the Claimant’s case is that the road layout and barrier adjacent with a reservoir were inadequate. Sadly the driver of a car died when her car went into the water. Kate McCue of Chris Kallis solicitors said “Temple have been invaluable in supporting our client in a partially successful appeal to the Court of Appeal. They are willing to back our client in an appeal to the Supreme Court on an issue which is not only of significant personal importance to our client but also could be of great public importance as well. In light of the potential liability on costs with multiple Defendants, our client would have been unable to take this next critical step of appealing to the Supreme Court without the backing of Temple. They are a valuable partner and provide an excellent service to our clients.”

If you would like Temple ATE insurance for personal injury cases, please call David Stoker on 01483 514808 or email david.stoker@temple-legal.co.uk to discuss your requirements.

David Stoker

Senior Underwriter
Read articles by David Stoker

David Stoker

David joined Temple in August 2015 having previously been an underwriter for another ATE insurance provider for nearly 9 years dealing with all aspects of personal injury work.

David’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most of the products and services Temple has to offer.

David has a LLB honours degree in law and also completed the Legal Practice Course at Guildford College of Law obtaining a commendation. He has worked as a personal injury case handler for 2 firms of solicitors post-graduation before moving into LEI.

 

Read articles by David Stoker