We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2017, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the… Read more

Cyber incidents have the capacity to cause many different types of loss.  Insurance coverage exists for at least some aspects of cyber risks in the UK market.  However, given the range and diversity of risks that may arise, there are… Read more

In Crowden and Crowden v QBE Insurance (Europe) Ltd [2017] EWHC 2597 (Comm) the Commercial Court found in favour of the Defendant insurer on the disputed construction of an "insolvency" exclusion in a professional indemnity insurance policy.  The case is… Read more

In Peel Port Shareholder Finance Co Ltd v Dornoch Ltd [2017] EWHC 876 (TCC), Peel Port Shareholder Finance Co Ltd (Peel Port) applied for pre-action disclosure of the defendant's insurance policy under Civil Procedure Rule 31.16. Peel Port was not… Read more

New provisions in the Enterprise Act 2016 ("the Act") which give policyholders a potential right to claim damages in the event of late payment of insurance claims, come into force this week on 4 May.  The new law will apply… Read more

The Supreme Court has today handed down its judgment in AIG Europe Limited v Woodman and others [2017] UKSC 18. The Supreme Court allowed the appeal, and remitted the case back to the High Court. It held that determining the meaning… Read more

The Court of Appeal has upheld a decision of the Commercial Court that found an insurer could not rely on a notification condition precedent to avoid liability under a public and product liability policy. The judgment in Zurich Insurance PLC… Read more

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2016, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the… Read more

In RR Securities Ltd v Towergate Underwriting Group Ltd [2016] the Court held a broker liable for failing to advise its insured client that certain safety precautions were required by insurers as a condition precedent to cover under a property… Read more

In Spire Healthcare Limited v Royal & Sun Alliance Insurance Plc [2016] EWHC 3278 (Comm), the High Court considered the wording of a clause in an insurance policy and was prepared to interpret the clause as an aggregating clause. Although… Read more

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… 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… 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… 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… 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… Read more

Property and business interruption insurance policies commonly include an average clause permitting the insurer proportionately to reduce the value of the claim for underinsurance. The Insurance Act 2015 provides the insurer with proportionate remedies for breach of the duty of… Read more

In Elizabeth Frasca-Judd v Galina Golovina [2016] EWHC 497 (QB), the High Court has held, applying Mark Rowlands v Berni Inns Limited [1986] QB 211, that where a landlord insured property for the benefit of herself and her tenant, the insurer could not… Read more

The Enterprise Act 2016 ("the Act") received Royal Assent yesterday. Among other reforms, the Act changes English law's approach to remedies for late payment of insurance claims and now gives policyholders a potential right to claim damages in the event… Read more

The Court of Appeal has varied the decision of the High Court in AIG Europe Limited v OC320301 LLP and Others [2015] EWHC 2398 (Comm) and provided further guidance on the construction of the aggregation clause contained in the Minimum Terms… Read more

In Mutual Energy Ltd v Starr Underwriting Agents Ltd [2016] EWHC 590 (TCC), Mr Justice Coulson considered the proper construction of a clause which prevented insurers from avoiding the policy for non-disclosure unless that non-disclosure was "deliberate or fraudulent".  The… Read more

The Court of Appeal has upheld a decision to make a non-party costs order against an insurer who defended its insured in proceedings. The case provides a reminder of the risk insurers face when defending proceedings on behalf of an… Read more

The Court of Appeal has recently decided that the Fairchild causation exception applies in a lung cancer case. The case is significant in that to date the Fairchild exception has only been applied to mesothelioma claims, and this is the… Read more

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2015, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the… Read more

The High Court has held that the words "in any way involving any act, error or omission" before a certain date in an exclusion clause in a professional indemnity policy meant "indirectly caused by".  The act, error or omission must… Read more

With just 9 months to go until the Insurance Act 2015 comes into force, how ready is the market? A recent survey carried out by Airmic among its members has revealed that: Only 53% of respondents believed they were prepared… Read more

Insurers successfully avoided a policy on the grounds of inadvertent non-disclosure. The High Court commented on the different outcome that would have been available under the Insurance Act 2015 which comes in to force in August 2016, remarking that the… Read more

Now may be the time to review your cyber risk mitigation strategy and give serious consideration to whether the financial cost of cyber attacks could be transferred to insurers at a fair price. Cyber security is amongst the leading risks… Read more

A recent Privy Council decision has considered the point at which damage is suffered where a claimant has entered into a flawed transaction as a result of a defendant’s professional negligence. This is a controversial issue of particular relevance where… Read more

In Senior v Rock UK Adventure Centres and other the court ordered disclosure of the defendant’s insurance arrangements in the context of a personal injury claim on the basis that failure to do so would result in problems at the… Read more

An employer which exposes an employee to asbestos creating a risk of mesothelioma is, as matter of English law, treated as causing later contracted mesothelioma.  As a result of the Compensation Act 2006, the employer and thus its Employer's Liability… Read more