Introduction
British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Supply chain, Coronavirus
Key Points:
In some circumstances a plaintiff/claimant can bypass a defendant (even an insolvent one) and seek a declaration against the defendant's insurer.
The High Court has confirmed that, if a defendant is insolvent, the plaintiff may seek a declaration that the defendant's insurer is liable to indemnify the defendant, at least when: