Quote:
Originally Posted by SlowOne
I'm afraid this is poor example of pulling something from somewhere else, out of context, and it then getting out of hand. For the record...
..............about what can now happen if you import something outside an official EU distribution network.
This is not a matter for debate. It will make no difference whatsoever what your opinion, or the opinion of your mate down the pub is, this is English Law. If you want to change the interpretation of the Law through a Judge's Precedent, then go right ahead.
In this case, the Club claimed against the BRCA Insurance, the Insurer asked who the importer was in order to claim against them, and when it was revealed that the person had bought them from the Far East, and not an EU official importer, distributor, etc. the insurance company put the claim on the individual as the importer.
Go ahead; ...........
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If I read this correctly then this is a huge issue re an individuals BRCA licence.
As the claim seems to have gone through the Clubs insurance, I could assume the individual concerned, was a guest without a licence/insurance. Either way, he either has his own liability insurance or he benefits as a guest. So....... in reality, a licence holders' belief that he is insured against damage he causes through his own negligence is totally false in this case.
Say I buy LiPo's and cannot remember or evidence the source (quite likely in my case), they could be third hand. Knowing insurance co standard approach (19.5 years exp in EL/PL contracts) I now know it is extremely probable that they would take the same view as above and hold me liable as there is no one else from whom to recoup their outlay.
Does anyone else believe all BRCA members should be made aware of this immediately and moves should started to press for an alternative underwriter?