Third Party Insurance Claim Rights. The rights of the insurer regarding the claim will be stipulated in the insurance policy with the insured. The 2010 act preserves the fundamental rule that allows a statutory transfer of the insured’s rights arising under a policy of insurance to a third party.
This means the third party can claim directly against the insurer. It will be a factual enquiry in each case whether the insurer failed to conduct an adequate investigation following the notification of the claim, whether there was an. The 1930 act operated by allowing a “statutory transfer” of some of the insured’s rights under an insurance policy to a third party.