Simon Poulton etc (cont)9 Nov 2012 13:28
sorry message below posted itself befor I had finished!
I am hopeful though that the resignation is positive rather than negative, but why a week before the AGM?
I notice that on 6th Nov The Insurance Post published the article below about Accident Exchange's recovery from the Autofucus debacle. It implies that AE has had £12 mill and might get another £6mill. This might further imply that Helphire could end up recovering more than £10 mill. Helphire has a prestige division Swift, and is much bigger than AE.
' Insurers await outcome of 'dishonest' evidence appeal in Axa case
Several insurers are awaiting a Court of Appeal decision on Axa's use of allegedly "false" Autofocus evidence before potentially resuming out-of-court negotiations with Accident Exchange.
06 Nov 2012
By Chinwe Akomah
Last week at the Court of Appeal, the credit hire organisation sought permission to appeal against judgments on four test cases which had found that it had charged Axa excessive hire rates.
Accident Exchange claims to be able to prove that failed rate surveyor Autofocus used "dishonest" information to claim that its rates were too high.
While Accident Exchange has settled with several insurers that also used Autofocus, amassing £12m in recoveries, the CHO said that Axa cases made up much of the £6m in unsettled monies, which includes more than 1400 cases with other insurers.
Zurich, Zenith, Saga, LV, Equity, Endsleigh and run-off business Riverstone Group are understood to have outstanding litigation with Accident Exchange, and the Court of Appeal judgments could be binding on these insurers.
The cases - Gary Dickinson v Tesco, Martin Verley v Christopher O'Neill, Guy Simmonds v Stewart Alexander Group, and Peter Moonsam v Axa Corporate Solutions Assurances SA - were ruled on after September 2009, the month that Accident Exchange filed evidence in the Glossop v Salvesen Logistics case, which led to the conviction of Autofocus employee Helen Whysall.
Dishonest evidence
In the test cases, the court originally found that Accident Exchange had charged excessive rates, but the CHO told the Court of Appeal last week that it has new evidence to prove the rulings were based on "dishonest" evidence.
The company said it did not have enough evidence when the cases were ruled on originally.
Axa, however, argued that Accident Exchange had enough information at the time of the original hearing, as it produced statements and examples of Autofocus fraud in the Glossop case.
The Court of Appeal is expected to reserve judgment on whether to grant Accident Exchange leave to appeal against Axa's cases until later this year.
If an appeal is granted, the courts will have to decide whether a retrial is necessary or award Accident Exchange the money it claims to be owed.
Sarah Cartlidge, head of the credit hire team at the Forum of Insurance Lawyers, told Post: "This ruling