Third Parties and the Insolvent Insured: Enforcement of the Statutory Charge Created by Section 9 of the Law Reform Act 1936.

Abstract

With its ancestry based in the early Workers' Compensation Acts, s 9 of the Law Reform Act 1936 was intended to be a general rule to provide that where there is a wrong perpetrated by a person who is insured, the injured person can have a lien on the insurance moneys. This article discusses the scope and functions of s 9, identifies some problems and suggests that, after 60 years, it is time to review this piece of legislation.