Plaintiff could not join insurer to clinical negligence action but was entitled to insurer’s details given life-limiting circumstances

The High Court considered an application by the plaintiff in a clinical negligence action to compel the defendant, a corporate entity operating general practice clinics, to disclose its insurer's details so the plaintiff could pursue a direct claim against the insurer. The plaintiff sought to rely on statutory provisions granting third parties certain rights against insurers, but the court determined that the relevant legislation applies only to consumer insurance contracts and not to large corporate entities such as the defendant. As such, the court refused the application under that legislation. However, recognising the urgent circumstances given the plaintiff’s limited life expectancy and imminent trial, the court ordered the defendant to disclose the identity and address of its insurer, enabling the plaintiff to take potential direct action pursuant to other legal avenues should judgment be obtained in her favour.