Judgment in insurance application case in breast implants litigation

In the PIP breast implants litigation, a dispute has arisen between hospital defendants and their insurers as to the proper construction of the insurance policies covering the claims of the claimants who allege that they received unsatisfactory implants from the hospitals.

The dispute between the hospitals and their insurers is to be tried in a separate trial within the group litigation. One of the insurers sought to join Amlin, the insurers of Clover Leaf, the UK distributor of the PIP implants, to those proceedings.

Prashant Popat QC and Andrew Kinnier represented Amlin and Clover Leaf in resisting this application, which was dismissed by Mrs Justice Thirlwall in her recently handed down judgment.