Kerry Underwood

INSURERS AT IT AGAIN (5)

with 19 comments


A client reports a matter to Aviva. Without her knowledge the information is sent to Minster Law who submit a Caim Notification Form (CNF) on the portal.

Two days after the accident her actual solicitors, who are unaware of this, submit CNFs for her and for the driver of the car. The client’s CNF is rejected as a duplicate.

The solicitors telephone and write several times to the third party insurer and eventually they ask the solicitors to resubmit the CNF, which they do, only for that also to be rejected.

Consequenty the solicitors issue proceedings and the matter proceeds to a disposal hearing.

Costs were not assessed on the day as the defendant alleged unreasonable removal from the portal, a point repeated in the Points of Dispute  during provisional assessment.

The matter is listed for an oral hearing. The day before that hearing solicitors for the defendant insurers  concede  the point and agree to pay the costs of the main case and of detailed assessment.

See also my related blogs:-

INSURERS AT IT AGAIN? (4)

EVER SEEN WORSE TH>N MORE TH>N? – INSURERS AT IT AGAIN (6)

INSURERS AT IT AGAIN (1) AND (2),

CLINICAL NEGLIGENCE – DEFENDANTS AT IT AGAIN (3),

MEDICAL DEFENCE UNION: A SUITABLE CASE FOR TREATMENT

SETTLEMENT AGREEMENTS IN PERSONAL INJURY

DIRECT LINE OR DIRECT LYING? – INSURERS AT IT AGAIN (7)

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Written by kerryunderwood

October 19, 2015 at 7:41 am

Posted in Uncategorized

19 Responses

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  1. Do you have the case name. We currently have the same thing with Hill Dicks.

    dominicmoss

    October 19, 2015 at 8:46 am

    • Will try and get necessary permissions. Keoghs were the defence solicitors here, but I am not suggesting that they did anything wrong at all.

      Kerry

      kerryunderwood

      October 19, 2015 at 1:09 pm

    • Asked not to identify.

      kerryunderwood

      January 22, 2016 at 4:05 pm

      • I’ve currently got a case where prior to instruction the insurer ‘appointed’ solicitors (we shall just refer to them by the name of that well known cheese brand, Cathedral City), arranged for our client to be given physio. Our client instructed us (she is a chum and had not signed anything with CC) CC forgot to cancel the phyiso (by own admission) and the physio company sent her for a course of treatment. Client thought it was from own insurers and had not agreed to any liability to pay for it. Now CC have asked for us to include the cost of the treatment in our client’s special damages. I don’t see how I can if my client has no liability for it.

        dominicmoss

        January 22, 2016 at 4:54 pm

      • Dominic
        I agree. Once had a firm “instructed” by my client. One of my solicitors rang to tell them that that client had instructed us and not them. They did eventually concede – and even apologised! – when the solicitor, having flushed out exactly how they had been “instructed”, informed them that the client in question was his own father.

        Some of our colleagues do not exactly help the profession.

        Kerry

        kerryunderwood

        January 22, 2016 at 5:03 pm

  2. Surely….a claimant solicitor would not submit a CNF without instructions or retainer ??????

    Andrew Twambley

    Andrew Twambley

    October 19, 2015 at 9:07 am

  3. What is Minster law doing submitting a CNF without client authority? They should be called to account for that and pay any wasted fees.

    Paul Davis

    October 19, 2015 at 9:08 am

    • Paul

      This sort of thing is not uncommon
      There are a lot of questionable “referrals” going on, whether or not for an illegal fee. I am not suggesting that that has happened here.
      Hot keying seems to be a key method of abuse.

      Kerry

      kerryunderwood

      October 19, 2015 at 1:08 pm

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