header-logo header-logo

Toxic sofas

29 April 2010 / Andrew Burns KC
Issue: 7415 / Categories: Features , Insurance / reinsurance , Personal injury
printer mail-detail

Andrew Burns examines the insurance angles of recent PI claims

The “Toxic Sofas” litigation involves personal injury claims against Land of Leather (LoL) and other retailers for selling defective furniture manufactured in China. On 26 April 2010 the High Court approved a matrix for calculating settlement payments to claimants wishing to settle. However a number of claimants had already lost their recovery claims against the insurers of LoL, Zurich Insurance. Zurich refused to pay as LoL had settled with the Chinese manufacturer without its consent. The claimants brought claims directly against Zurich under the Third Party (Rights Against Insurers) Act 1930 after LoL went into admininstration.

LoL argued that there was no intention to settle personal injury claims—only its own direct losses. Nothing had been paid for such a wide-ranging settlement, which would have been an unreasonable deal for LoL. In Horwood v Land of Leather & Zurich Insurance [2010] EWHC 546 (Comm) Mr Justice Teare said that even if a particular construction leads to an unreasonable result, the fact that an agreement was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll