In Great Lakes Reinsurance (UK) SE v Western Trading Limited [2016] EWCA Civ 1003 the Court of Appeal confirmed that the court may make a declaration that an insured under a property insurance policy is entitled to be indemnified for the cost of reinstating property damaged by an insured peril, particularly in circumstances where it … Read more
The PRA has issued its final supervisory statement(SS10/16) on the remuneration rules under Solvency II. Because the Solvency II regime came into force on 1 January 2016, the PRA is clear that it expects firms to comply with the remuneration requirements in respect of the current financial year. What is required of firms to ensure … Read more
Our latest “at a glance” guide identifies, in two pages, some of the key issues insurers may want to ensure are on the negotiating team’s agenda. It considers key issues from the perspective of both UK insurers accessing the EEA and EEA insurers accessing the UK. Read more
Today marks the day that the Insurance Act 2015 (the “Act”) comes into force. This is the most significant reform of UK insurance law in over 100 years. From today, the Act will apply to all new insurance and reinsurance policies that are entered into (including renewals) and to any variations agreed to existing policies … Read more
This briefing considers the position of EEA firms who wish to access the UK insurance market post-exit. It also looks at the impact of Brexit on non-EEA headquartered groups that currently passport into the EEA via a UK subsidiary. This briefing supplements our previous note “Access to the single market” – an explanation for the (re)insurance sector, which considered … Read more
The Supreme Court has held unanimously that, where a party seeks to set aside a settlement agreement on the grounds that it was induced to enter into it by its opponent's fraudulent misrepresentations, it will not necessarily be a bar to the claim that the party did not fully believe the representations: Hayward v Zurich … Read more
A key question in any litigation is whether the defendant can satisfy a judgment. Where the defendant is both insolvent and insured a further issue is whether the claimant can ultimately recover payment from the insurer. This may be possible under the Third Parties (Rights against Insurers) Act 1930 (“1930 Act“) but there are a … Read more
In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and Others [2016] UKSC 45, the Supreme Court held that policyholders who advance otherwise valid insurance claims by lies which are irrelevant to their rights to recover do not forfeit their claims under the policy: "the lie is dishonest but the claim is … Read more
