Re-opening settlements – Supreme Court to rule
Published by Peter Causton
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Zurich Insurance v Hayward will be heard on 16 June. The key question is whether a settlement can be reopened, and money recovered, by the insurer because subsequent evidence led it to realise that the claimant was fraudulent to a far greater extent than suspected at the time of the settlement.
Min our view, the Court should allow settlements to be challenged if they are based on false evidence.