Court of Appeal rules on test for inducement pre-Insurance Act 2015

The Court of Appeal has dismissed the insurer’s appeal in Zurich Insurance Plc v Niramax Group Ltd [2021] EWCA Civ 590. Upholding the first instance decision of Cockerill J (discussed in our earlier blog post here), the Court of Appeal held that the insured’s non-disclosure of material facts had not induced the insurer to renew … Read more

Court of Appeal Clarifies Approach to Interpretation of EU Retained Law

A recent decision of the Court of Appeal has clarified the approach that English courts should take to retained EU law following the UK’s withdrawal from the EU.  The case concerned the interpretation of an EU regulation which until 31 December 2020 (“IP completion day“) had direct effect in the UK but which now applies … Read more

Court finds credit risk cover in marine policy and considers a broker’s duties at placement

In ABN Amro Bank N.V. v Royal & Sun Alliance Insurance plc (and others) [2021] EWHC 442 (Comm), the Court found that an “unusual” and “unprecedented” clause provided credit risk cover in an all risks marine cargo policy. This lengthy decision explores a number of issues including construction of policy wordings, rectification and estoppel, non-disclosure and misrepresentation, as well as the duties of an insurance broker. In particular, the judgment considers the extent to which a broker is under a duty to explain the meaning of particular clauses to insurers. Read more

Employment Tribunal’s jurisdiction extends to claims brought against insurers under the Third Parties (Rights Against Insurers) Act 2010

The Court of Appeal in Irwell Insurance Co Ltd v (1) Neil Watson (2) Hemingway Design Ltd (in liquidation) (3) Darren Draycott [2021] EWCA Civ 67 has upheld the decision of the Employment Appeal Tribunal and found that the Employment Tribunal’s jurisdiction extended to claims brought against insurers of insolvent employers under the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act). Read more

Insurance Disputes Podcast – Episode 1: The Supreme Court Covid-19 Test Case

We have just released the first edition of our Insurance Disputes podcast, in which we look at the Supreme Court’s judgment in the FCA’s Covid-19 Business Interruption insurance test case. This episode is hosted by Sarah Irons, a Professional Support Consultant in our insurance disputes team, who is joined by Paul Lewis, who led the Herbert Smith Freehills team who acted for the FCA in the test case. Read more

Insurance and Reinsurance Disputes Annual Review 2020

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2020, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the insurance and reinsurance market. Read more