In this guest blog, Johanna Smallman, a Partner and Solicitor at HM3 Legal, explores whether a defendant can be forced to provide their insurance details to a claimant.

Winning in court should mean getting paid. But what if your opponent can’t afford to pay the judgment -or your legal costs? That’s a real financial risk for claimants. So, the big question is: “Is my opponent insured?”

If they are, that can offer some reassurance. An insurer may cover damages and costs. But here’s the reality: in most cases, your opponent doesn’t have to tell you anything about their insurance. Let’s break it down.

Do You Have a Right to See Their Insurance Policy?

Short answer: No. Unless you’re a party to the insurance contract, you have no automatic right to see it.

Under the Civil Procedure Rules, Part 31 deals with “disclosure” – the process where parties exchange documents relevant to the case. This usually includes contracts, emails, and other evidence that supports or undermines a claim.

However, insurance documents are excluded from this process. The courts have long held that insurance policies don’t fall under Part 31 because they don’t relate to whether someone is liable - they only relate to whether they can pay.

So, if your opponent wants to keep quiet about their insurance, they usually can.

Are There Any Exceptions?

Yes - but they’re rare. One notable case is Harcourt v FEF Griffin [2007] EWHC 1500, where the defendant, a gym, accidentally disclosed an insurance certificate showing possible insufficient cover. This accidental disclosure gave the claimant a legitimate reason to ask for more details.

The claimant used Part 18 of the Civil Procedure Rules, which allows a party to request further information or clarification about matters in dispute. It’s not a disclosure rule - it’s a mechanism for asking specific questions to clarify issues in the case.

The court agreed to order the defendant to answer those questions - but warned this was not the norm. Disclosure should only be ordered where there’s a real basis for concern that a judgment might not be satisfied. In Harcourt, liability was admitted, and the claimant had suffered severe spinal injuries, so knowing the level of cover was crucial to decide whether pursuing certain claims was worthwhile.

When the Rules Flip: Insolvency Changes Everything

If your opponent is insolvent, the game changes thanks to the Third Parties (Rights Against Insurers) Act 2010. This law gives you the right to request insurance details from:

• The insolvent party’s officers
• Their insurer
• Brokers or anyone who controls the information

You can ask:

1. Whether an insurance policy exists for the liability
2. Who the insurer is (name and address)
3. Policy terms, exclusions, and conditions
4. Whether the insurer has refused the claim

(This list is not exhaustive)

This helps you decide if pursuing the claim is financially sensible.

What Counts as an Insolvency Event?

For individuals:

• Bankruptcy order or insolvency administration order
• Arrangement with creditors

For companies:

• Winding-up order
• Administration
• Resolution for voluntary winding up
• Approved voluntary arrangement

(This list is not exhaustive)

Key Takeaway

Before you sue, think about enforcement. If your opponent is insured, great but don’t assume you’ll get that info upfront. Unless insolvency triggers your rights under the 2010 Act, you’re largely in the dark.

Legal disclaimer

The matters contained within this article are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to its’ accuracy, and no liability is accepted for any errors or omissions.

Before acting on any of the information contained herein, expert advice should always be sought.

© Melissa Worth, January 2025