In January 2012 it was reported that insurance company Allianz France was pressing charges against Poly Implant Prothèses (PIP) for whom they provided liability cover between 2005 and 2010.
An Allianz spokesperson confirmed that the charges being brought against PIP had been made on the grounds of misrepresentation. The insurer’s position was that PIP had deliberately made false declarations about the gel material used to make the implants. They therefore wanted the insurance coverage to be declared void.
In 2005 France’s Central Pricing Bureau compelled Allianz France to provide insurance cover for PIP. According to Insurance Day, the CBT can be called upon by prospective policyholders if coverage is refused. They then have the power to impose a rate for the policy with the chosen insurance provider.
Earlier this month a French court in Toulon ruled against Allianz France saying it had failed to justify its allegations with regards to PIP’s misrepresentations. It therefore declared the insurance policy to be valid the result being that Allianz France can not avoid indemnifying claims on the basis that it has been “a victim of fraud and deceit”.
Allianz has insisted that it is victim of PIP’s fraudulent activities and we believe it will most likely appeal the decision. Allianz’s lawyer, Jean-Marie Coste-Floret, has indicated that the policy only covers France and is capped at 3 million Euros. However, it is not yet clear if this is the case and further advice will have to be taken on whether or not British women may be able to benefit from the recent Court ruling. We will of course provide an update about this as soon as further information becomes available.
If you have been affected by the PIP scandal and want to know if you may be entitled to compensation, please contact Samantha Robson who heads up the PIP team at Slee Blackwell Solicitors via her website, www.cosmeticsurgerylaw.co.uk or on free phone 0808 139 1592.