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

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

FCA confirms proposals to prohibit “price-walking”

The FCA’s Final Report on general insurance pricing practices concludes that retail home and motor insurance markets are not working well for all consumers and confirms proposals to prohibit “price walking”. The FCA’s reforms include the following key changes: Firms will be prohibited from imposing a “loyalty penalty” on customers at renewal of their policy. … Read more

Beyond Brexit – what now for insurers’ legacy business?

As expected, the terms of the trade deal agreed between the UK and the EU on 24 December 2020 mean that Solvency II passporting rights are no longer available to UK insurers wishing to conduct insurance business in the EEA. For UK insurers with policyholders in EEA States, this creates a particular concern that they … Read more

Court of Appeal overturns refusal to approve Prudential/Rothesay Life transfer

The Court of Appeal has today allowed an appeal from Mr Justice Snowden’s refusal to approve the transfer of some 370,000 annuities from The Prudential Assurance Company Limited to Rothesay Life plc. The court has confirmed that there were errors in Mr Justice Snowden’s approach to the exercise of the court’s discretion on insurance business … Read more

Fintech 2021: from crisis to consolidation

For most people, life and work have changed fundamentally since the Covid-19 crisis began and there are concerns that the crisis could still worsen again. Most areas of the world’s economy have been profoundly affected too, and the Fintech sector is no exception. Fintech has been both an epicentre of the crisis – and has … Read more