Response to MIG data and the DPA

Ok, but surely the insurance company then can ditch the policy docs 6 years from the date they paid out on it? Of course, they won't ditch it while there's a chance of getting some money back through subrogation, but once a final settlement is made, as long as it's more than 6 yrs since the payout (which it normally will be), they will. Moreover, if there's any question of the rights to subrogation being found to be null, it's in their interest to destroy the only evidence of that ASAP. Of course, in cases that were settled in under 6 yrs, and where the MIG is prior to 1993, you're quite right, there might be a loophole. As regards the DPA issue, the thing that worries me is proving distress etc. You'd need to show that the actual situation is worse than the situation would have been if you'd seen the MIG prior to settling, and to quantify how much worse it is. And of course you'd still only be talking about cases settled within the last 6 years. Still, it's an exciting area for speculation...let's all hope the IC sees the point! Thank you again

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