Foreign Handling Agents
Under Article 21 of EU Directive 2009/103/EC each insurance undertaking providing cover for liability arising out of the use of motor vehicles operating on the land (including carrier’s liability) must appoint a claims representative in each Member State other than that in which they have received their official authorisation.
This firm is experienced in representing the interests of foreign insurers in relation to claims brought within this jurisdiction (England & Wales) and we are acutely aware that dealing with cases with a jurisdictional element provides different challenges to purely domestic defendant RTA. However, these challenges also provide a host of opportunities which can be taken advantage of. Please see below for a few examples of what we can offer:
- Service – There are certain procedural steps which routinely arise in claims with a foreign element which are not found in the course of other claims. We have routinely succeeded in avoiding claims in their entirety due to technical errors by Claimant in serving Statements of Case.
- Substantive Law – We acknowledge that determining jurisdiction and applicable law has lately become a simpler process following Rome II, the codifying of the motor insurance directives and various cases such as FBTO Schadeverzekeringen NV v Odenbreit. However, we believe applicable law arguments remain a useful tool which an astute practitioner can take advantage of and we continue to have success with various novel approaches.
- Case Management – In our experience working with a foreign client can involve case management concerns which are not routinely found in purely domestic cases.
A foreign insurer will often be familiar with the litigation process within their jurisdiction and find our procedures difficult to follow. We have considerable experience of setting out advice in a way that insurers will find easily digestible and makes clear the risks involved in the litigation.
We are also familiar with various common problems found in jurisdictional claims. For example we find that it is far more common that the insured is not involved with the litigation or, where they are initially involved, they are unwilling to follow the case to conclusion and do not attend trial. We are comfortable in dealing with these issues procedurally and amending our strategy accordingly. We are also able to advise on the likely weighting of hearsay evidence and the steps that can be taken to reduce the effect of non-attendance by witnesses.
We routinely seek a more generous court timetable is required allow adequate time for translation and clarification of evidence and can provide assistance with the logistical issues in arranging for the attendance of witnesses at trial.
Our qualified solicitors are able to provide in-house training to claims handlers in relation to issues which regularly occur in personal injury claims with a foreign element.
Check out what Michelle Castle, UK Director of Intereurope AG, had to say about the service provided by this firm.
If you are interested in discussing our boutique niche service for Foreign Handling Agents, please contact Senior Partner, Jeanette Miller directly to arrange a telephone or face to face meeting on .