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 for the introduction of the Act; and 61% of respondents had not yet mapped out … 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 stringent remedy of avoidance under the present law remains a "blot on English insurance law". 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 for organisations around the globe. In the last few years most organisations have suffered cyber … 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 claims are brought long after the negligent acts were committed. The court’s conclusion will often … 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 stage of assessment of damages. The judgment referred to the decision in Harcourt v FEF … 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 ("EL") insurer, is liable for the full amount of its insured's liability for mesothelioma so … Read more
In Aspen Insurance UK Limited v Adana Construction Limited [2015] EWCA Civ 176, the Court of Appeal considered the meaning of a "Product" under the terms of a Building Services Combined Liability Policy. The Court of Appeal adopted a purposive interpretation in the context of a policy which was intended by the parties to cover … Read more
In the recent cases of Gard Marine & Energy Ltd v China National Chartering Co Ltd and China National Chartering Co Ltd v Daiichi Chuo Kisen Kaishai [2015] EWCA Civ 16 (heard together) the Court of Appeal overturned the first instance decision of Mr Justice Teare, finding that there had been no breach of safe … Read more
