Third party motor claim rejected

Ms Gill did not uphold a complaint by a car owner who maintained she was not informed that a third party claim was settled after…

Ms Gill did not uphold a complaint by a car owner who maintained she was not informed that a third party claim was settled after her car, which was driven by her husband - a named driver - was involved in an accident.

She only found out about the settlement when she went to renew her policy. She disputed liability for the accident.

But in the complainant's motor insurance policy, there was a condition, known as a subrogation clause, setting out the manner in which a claim could be handled by the insurance company.

"The company shall have full discretion in the conduct of any proceedings or in the settlement of any claim . . ."

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Ms Gill found that subrogation clauses, such as this, entitle an insurer to take over and defend or settle a claim under the policy on behalf of the insured and the complaint was not upheld.