In Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors [2023] EWCA Civ 61 the Court of Appeal considered the jurisdiction of the English court to hear claims brought by the Claimant policyholders against their insurers for indemnities for business interruption losses (BI) arising from the Covid-19 pandemic. In doing … Read more

In Brian Leighton (Garages) Limited v Allianz Insurance Plc [2023] EWHC 1150 Civ 8 the Court of Appeal construed the wording of a pollution exclusion and determined that it applied narrowly and only where pollution (or contamination) was the proximate cause of the damage. The case concerned a fuel leak which contaminated the insured property. … Read more

A second edition of our text on class actions in England and Wales, co-authored by Herbert Smith Freehills lawyers, has been published in the UK by Sweet & Maxwell. It has been edited by Damian Grave, Maura McIntosh and Gregg Rowan with an entirely new chapter on insurance co-authored by Greig Anderson and Sarah Irons. … Read more

Business interruption (BI) losses in the context of the Covid-19 pandemic have been considered in three recent judgments of Butcher J: Stonegate Pub Company v MS Amlin [2022] EWHC 2548 (Comm) (Stonegate) Greggs PLC v Zurich Insurance PLC [2022] EWHC 2545 (Comm) (Greggs) Various Eateries Trading Ltd v Allianz [2022] EWHC 2549 (Comm) (Various Eateries) … Read more

The case of Rashid v Direct Savings Ltd [2022] 8 WLUK 108 considered the question of limitation in the context of the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) and specifically whether the limitation period continues to run on the insolvency of the insured defendant. The court found that there was a … Read more

The judgment in Quadra v XL [2022] EWHC 431 is notable as the first to consider the application of s.13A Insurance Act 2015 relating to the implied term that insurance claims must be paid within a reasonable time. The judgment also provides some clarity as to what constitutes an insurable interest. Read more

We are delighted to announce that Antonia Pegden has been promoted in the latest round of firm partnership promotions and will join the partnership on 1 May. Antonia is part of the Insurance & Professional Risks team in London and is a commercial disputes lawyer focusing on insurance, pensions and professional negligence disputes. Antonia has … Read more

Judgment was handed down by Zacaroli J today in McClean & Others v Thornhill [2022] EWHC 457 (Ch). The decision will be of interest to professional liability insurers, legal practitioners, and litigation funders, particularly those involved in tax-related professional negligence claims. Read more