The scope of cover for co-insureds may not always be as it seems

28 November, 2023
The Court of Appeal in its judgment in the appeal of FM Conway Ltd v Rugby Football Union & Ors [2023] EWCA Civ 418 has endorsed the principle that insured parties under a joint names insurance policy are not necessarily all insured to the same extent, even where the policy itself appears to be silent … Read more

Carillion NED “test case” proceedings dropped – a reminder about D&O insurance

02 November, 2023
The Insolvency Service (IS), acting on behalf of the Secretary of State for Business and Trade, commenced disqualification proceedings against five former non-executive directors (NEDs) of Carillion plc in January 2021, following the compulsory liquidation of the Carillion Group in January 2018. Last month on the eve of trial, the IS discontinued its disqualification proceedings … Read more

Climate disputes – A 360-degree perspective

16 October, 2023
Climate change is at the forefront of global news and politics, but it is not just an issue for politicians, policy makers and those working in the energy or environmental fields. Climate change is one of the most significant challenges for business that has ever existed. It is one of the few issues that can … Read more

Food for thought – no finding of breach in W&I insurance claim

19 July, 2023
June saw the second-ever reported judgment in a claim under a Warranty & Indemnity (W&I) insurance policy handed down by the English Courts: Finsbury Foods Plc v Axis Corporate Capital Ltd & Ors [2023] EWHC 1559 (Comm) (the first being Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2014] EWHC 2178 (QB)). Given the lack of … Read more

Supreme Court’s approach to causation in the FCA Test Case applies to “at the premises” clauses in business interruption insurance

21 June, 2023
The most recent of the Covid-19 business interruption insurance cases is London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc [2023] EWHC 1481 (Comm) which confirms that the same approach to causation developed by the Supreme Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 (FCA Test Case) … Read more

Podcast: Insurance in Class Actions in England and Wales

20 June, 2023
In this latest edition of our Class Actions in England & Wales podcast series, Greig Anderson, Sarah Irons and Gregg Rowan discuss how insurance can play a significant role in any class action an organisation may face. The podcast looks at the types of insurance policies that may provide cover, the complexities that can arise, and … Read more

Court construes application of policy sub-limits in Covid-19 BI claim

16 June, 2023
The latest judgment handed down in the spate of recent Covid-19 business interruption (BI) cases is PizzaExpress Group Limited & Ors v Liberty Mutual Insurance Europe SE & another [2023] EWHC 1269 (Comm). The judgment is in respect of a preliminary issue concerning the construction of provisions relating to policy limits. The Pizza Express restaurant … Read more