Re: Will he have to pay


Rich and Cathi;682737 Wrote:
On 14 Sep, 00:06, "steve robinson" st...@xxxxxxxxxxxxxxxxxxxxxxxxx
wrote:-
Mike Ross wrote:-
On Sun, 13 Sep 2009 21:07:04 +0100, steadyeddie
steadyeddie.4f30...@xxxxxxxxxxxxxxxxx wrote:-
-
snip-
--
"there is evidence of systematic disregard to your obligations
under
our clients policy and consistent failure to report material facts.
Proceedings were instigated and served without our clients prior
written authority..."--
-
There you have it. The dispute appears to be between the solicitor
and the
insurance company; it appears the solicitor has gone out on a limb
and acted
without proper authority. I assume 'our client' is your father. Let
the
insurance company and the solicitor thrash it out between them;
they'll find it
hard to collect on a bill without 'prior written authority' I
suspect!-
-
Mike-

Its reasonable to assume that the ops dad gave that authority-

That's as may be, but unless he did so knowing that the insurance
cover was not in place and insisted that they go ahead regardless,
that is not relevant to the current issue.

---
Richard Miller

"our client" referred to above is taken from the insurance companys
solicitors findings letter, "our client" is the insurance company.

steadyeddie;682577 Wrote:

When court proceedings were issued, the insurance company sent an email
to the solicitor stating, "Unfortunately I cannot find any documentation
of giving you authority to issue or serve proceedings or go to trial."
The solicitors reply was to quote correspondence from the insurance
company stating "Indemnity will continue in this matter, however please
be reminded of your reporting obligations under the policy as it appears
no authority has been given previously in relation to the issuing and
serving of court proceedings"





I think the above from my previous post is the key.
This shows what appears to be the written authority from the insurance
company to my fathers solicitor.


sparky51;682720 Wrote:
SE you know your father. IMO He is guilty of naivety and hoping for
substantial compo, at no cost, for a questionable industrial injury by
a slick salesperson..
You appear to have some key correspondance between insurer and
solicitor, without indicating who 'signed up' your father.
IMO in a fair judicial system, a judge would suspend the original costs
order and hear the dispute between solic and Ins co, requiring both to
submit their evidence. On deciding the latter, he would apportion
original costs accordingly. Your father could still be liable for some
or all of original costs.
Costs of the secondary action would be apportioned between solic & ins
co with one or both being reported to their professional body for
censure, if appropriate.
I also believe in Father Christmas and the tooth fairy

My father worked for the company he was suing for 25 years, and was
then sacked over a trivial matter, of which I wont go into detail.
His claim for VWF IS genuine, however his reason for making the claim
was IMO, very naive. He even put on record to the solicitor that any
compensation would be given to charity, he just wanted to hurt the
company.
But before anybody jumps to conclusions, let me state clearly that he
is an honest hard working man and I repeat, his claim for VWF is
genuine.

I still believe that the problem is between the solicitor and insurance
company. From what I have read so far, the solicitor seemed intent on
taking the case forward without following the correct procedures.
Thanks
Jeff




--
steadyeddie
.

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