Gerard James Thwaites v Aviva Assurances


The English court had jurisdiction to determine a claim for personal injuries brought by a claimant domiciled in the United Kingdom who was injured in a French adventure park and who had directly sued the park's French domiciled insurers. The right to sue an insurer was a substantive right and the question of whether a direct action could be brought against an insurer was determined by reference to the law governing the contract of insurance.