In Hiscox Dedicated Corporate Member v Weyerhaeuser Co [2019] EWHC 2671 (Comm), the High Court (the English Court) continued an anti-suit injunction against the defendant (Weyerhaeuser), having been satisfied to a high degree of probability that the parties had agreed to submit their dispute to London arbitration. The central question was one of contractual interpretation: … Read more
Further to its thematic review on the general insurance distribution chain (TR19/2), the FCA has published its final guidance on the general insurance distribution chain. The guidance builds on existing rules applicable to both manufacturers and distributors of both general insurance and pure protection products, and clarifies the FCA's expectations in respect of product development, distribution and review. Read more
In Sveriges Angfartygs Assurans Forening (The Swedish Club) and Ors v Connect Shipping Inc and Anor [2019] WLUK 126, the Supreme Court considered what expenditure should be taken into account when determining whether a ship is a constructive total loss (CTL) under the Marine Insurance Act 1906. The Court upheld the decisions of the lower … Read more
In February 2019, EIOPA published a series of recommendations (the “Recommendations“) for the insurance sector relating to the UK’s withdrawal from the EU (see our earlier blog post here). The French regulator, the Autorité de contrôle prudentiel et de resolution (“ACPR“), has indicated that it does not intend to comply with Recommendation 6, relating to … Read more
In Airbus S.A.S. v Generali Italia S.P.A. and Ors [2019] EWCA Civ 805, the Court of Appeal upheld a declaration that the English court had jurisdiction to determine a subrogated claim brought by insurers concerning damage to an aircraft, pursuant to an exclusive English jurisdiction clause in a warranties agreement between an aircraft manufacturer and … Read more
In what is understood to be the first English law decision on a policy underwritten on the WELCAR form, Mrs Justice Carr in the Commercial Court in Munich Re Capital Limited v Ascot Corporate Name Limited [2019] EWHC 2768 (Comm) held that there was no maintenance cover under a facultative excess of loss reinsurance contract … Read more
The Supreme Court has overturned the Court of Appeal’s decision in Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 in a landmark decision on the question of insurers’ liability for costs under section 51 of the Senior Courts Act 1981 (section 51 SCA). The decision, which is welcome news for liability insurers, brings some … Read more
Herbert Smith Freehills has today released a webinar looking at insurance issues in class actions. In the presentation Sarah McNally and Greig Anderson discuss how to maximise insurance recoveries when class action risk arises. Clients and contacts of the firm can register to access the archived version by contacting Webinars. The webinar is the fourth in our series of webinars … Read more
The FCA’s latest market study (MS18/1.2), on general insurance pricing practices, continues its focus on general insurance markets. Building on an earlier thematic review on home insurance, the FCA has looked in particular at how firms adapt the margins they aim to earn according to the likely behaviour of individual customers. Read more
