Court of Appeal confirms ‘impecuniosity’ is relevant to duration of hire as well as credit hire rate - DAC Beachcroft

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Court of Appeal confirms ‘impecuniosity’ is relevant to duration of hire as well as credit hire rate

Published 25 March 2014

The Court of Appeal has today (25 March 2014) handed down judgment in a case that will considerably assist insurers defending credit hire cases where significant delays in repairs or total loss are involved.

As well as providing definitive guidance 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.

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Authors

Craig Dickson

Craig Dickson

Birmingham

+44 (0)121 698 5270

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