High Court grants anti-suit injunction, having found that the parties to an insurance policy had agreed to arbitration despite a Service of Suit clause

In Hiscox Dedicated Corporate Member v Weyerhaeuser Co [2019] EWHC 2671 (Comm), the High Court (the English Court) continued an anti-suit injunction against the defendant (Weyerhaeuser), having been satisfied to a high degree of probability that the parties had agreed to submit their dispute to London arbitration. The central question was one of contractual interpretation: … Read more

FCA publishes finalised guidance on GI distribution chain

Further to its thematic review on the general insurance distribution chain (TR19/2), the FCA has published its final guidance on the general insurance distribution chain. The guidance builds on existing rules applicable to both manufacturers and distributors of both general insurance and pure protection products, and clarifies the FCA's expectations in respect of product development, distribution and review. Read more

France sets out approach to post-Brexit servicing of policies held by UK expats

In February 2019, EIOPA published a series of recommendations (the “Recommendations“) for the insurance sector relating to the UK’s withdrawal from the EU (see our earlier blog post here). The French regulator, the Autorité de contrôle prudentiel et de resolution (“ACPR“), has indicated that it does not intend to comply with Recommendation 6, relating to … Read more

First English Law Decision on WELCAR Offshore Construction Form

In what is understood to be the first English law decision on a policy underwritten on the WELCAR form, Mrs Justice Carr in the Commercial Court in Munich Re Capital Limited v Ascot Corporate Name Limited [2019] EWHC 2768 (Comm) held that there was no maintenance cover under a facultative excess of loss reinsurance contract … Read more

Insurance issues in class actions – new webinar and “handy client guide”

Herbert Smith Freehills has today released a webinar looking at insurance issues in class actions. In the presentation Sarah McNally and Greig Anderson discuss how to maximise insurance recoveries when class action risk arises. Clients and contacts of the firm can register to access the archived version by contacting Webinars. The webinar is the fourth in our series of webinars … Read more