ATE Insurance Premiums

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The issue of the reasonableness of an insurance premium of £2600.00 plus IPT in a claim that settled for £1500.00 recently came before the SCCO in Burgess v Breheny Contracts Ltd. 

In his Judgement Master Haworth approved the premium in full and at paragraph 29 made some useful comments reiterating what had been said in Rogers v Merthyr Tydfil in that he considered that he did not have the expertise to judge the reasonableness of a premium except in very broad brush terms and that the viability of the ATE market would be imperilled if he were to regard himself (without the assistance of expert evidence) as better qualified than the underwriter to rate the financial risk the insurer faces.

The comments made by Master Haworth in conjunction with what the Court of Appeal said in Rogers might be useful if you are facing an argument about the reasonableness of an ATE insurance premium. 

If you would like to have a word about this, or indeed about any other costs issues please do not hesitate to contact me.

Andrew

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