The Hire Way Second Edition - May 2014 - DAC Beachcroft

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The Hire Way Second Edition - May 2014

Published On: 28 May 2014

Welcome to edition 2 of the 'Hire Way'; DAC Beachcroft's quarterly credit hire newsletter.

2014 got off to a great start with the handing down by the Court of Appeal of the Judgment in Zurich Insurance Plc v Umerji.

The case, which is discussed in more detail below, will assist insurers defending credit hire cases where significant delays in repairs or total loss are involved. As well as providing definitive guidence on the relevance of impecuniosity in relation to the duration of hire, the court has left the door open for insurers to argue that a claimant's failure to use existing fully comprehensive insurance to replace or repair a vehicle may amount to a failure to mitigate... watch this space!