Problem
You are a claims handler for a commercial liability insurer. One of the insurer's policyholders, XYZ plc, owns and operates a residential care home. XYZ plc informs you that it has recently received a formal letter of claim seeking damages for alleged personal injury to a resident of its care home. The letter of claim, submitted by the claimant's representative, states that the claimant sustained a fractured hip following a fall. It is alleged the fall resulted from a lack of care by XYZ plc. The claimant has received medical treatment and in-patient services for the fractured hip, from a private hospital, at a cost of £15,000 and is seeking reimbursement.
i. Identify, with justification, six items of information you will need to assess XYZ plc's potential liability for this claim.
ii. Discuss whether the cost of the medical treatment and in-patient services would be recoverable by the claimant, in the event liability attaches to XYZ plc.