Court of Appeal decision provides further helpful guidance on the application of the key legal principles on notification of circumstances to claims made policies

The Court of Appeal recently allowed RSA’s appeal in Euro Pools Plc (in administration) v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808 (click here for the full judgment). Overturning the first instance decision, the Court of Appeal’s decision provides further valuable guidance on the key principles relevant to the question of whether … Read more

INSURANCE AND REINSURANCE DISPUTES ANNUAL REVIEW OF 2018 PUBLISHED

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2018, 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 2018 … Read more

Cyber insurance: the impact of evolving legal and regulatory risk

Cyber insurance is still (just about) the new kid on the block. It is commonly thought of as a tool to mitigate exposure to ever-evolving cyber risks. That is right up to a point; but the increasing exposure of business to losses potentially covered by cyber insurance is, in our view, in material part driven … Read more

Coverage for ‘Doomsday or Armageddon’ data breach class actions: insurance implications of the Court of Appeal’s decision to confirm Morrisons’ vicarious liability for employee’s deliberate actions

In the recent judgment in Wm Morrisons Supermarkets Plc v Various Claimants [2018] EWCA Civ 233 the Court of Appeal has dismissed an appeal against the High Court’s decision that Morrisons was vicariously liable for its employee’s misuse of data, despite: (i) Morrisons having done as much as it reasonably could to prevent the misuse; and … Read more

Sanctions clauses in a Changing sanctions regime

In Mamancochet Mining Limited v Aegis Managing Agency Limited and Others [2018] EWHC 2643, the High Court held that, in order to avoid payment of a claim, insurers were required to show that payment would expose them to sanctions under US or EU law. A mere exposure to the risk of a sanction was not … Read more