Schedule 1: Information and disclosure for third parties Paragraph 1: Notices requesting information
50.Paragraph 1 sets out the right to request information. The information which may be requested is listed at sub-paragraph (3). Sub-paragraphs (1) and (2) distinguish between requesting information from the party liable (the insured or potentially insured) and requesting information from other persons. Sub-paragraph (2) enables a third party to request information from any person that he or she reasonably believes could provide the information. This will include (amongst others) insurers, brokers and other persons authorised to hold policy information. The distinction between the person liable and others is intended to strike the correct balance between allowing third parties to obtain relevant information and minimising speculative requests for information to persons other than the party liable.
51.Sub-paragraph (1) provides that a person (A) may request information by notice in writing from a person who A reasonably believes has incurred liability to A and who A reasonably believes is a relevant person (as defined in sections 4 to 7.)
52.Sub-paragraph (2) provides that a person (A) may request information by notice in writing from any other person if A reasonably believes that: a liability has been incurred to A, the person who incurred the liability is insured against it under a contract of insurance, rights of that person have been transferred to A under section 1 and the other person is able to provide such information falling within sub-paragraph (3) as the notice specifies.
53.Sub-paragraph (6) requires a person to explain the basis on which he or she is entitled to request information in the notice.