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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
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
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
The Supreme Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others. Herbert Smith Freehills acted for the FCA who advanced the claim for policyholders. Read more
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
Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited [2020] EWCA Civ 308 The Court of Appeal recently dismissed the insurer’s appeal in Endurance Corporate Capital Ltd v Sartex Quilts and Textiles Ltd (click here for the full judgment). Upholding the first instance decision of David Railton QC sitting as a deputy High Court … Read more
By RICHARD LIDDELL QC, 4 NEW SQUARE AND SARAH MCNALLY, PARTNER, HERBERT SMITH FREEHILLS This article was first published by 4 New Square here. Many events, including music, theatre, conferences and exhibitions have been cancelled or postponed in the wake of COVID-19 and more will follow. Sporting events at grassroots and professional level have also been hit hard. The most … Read more
Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments. This unique publication focuses on business implications and learnings for insurance policyholders, including: The insurance market continues to harden: as renewal negotiations with insurers get more difficult, seek to maintain broad coverage in your existing policy … Read more
We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2019, 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. Please click here or on the picture below to access the … Read more
