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The Court of Appeal has today allowed an appeal from Mr Justice Snowden’s refusal to approve the transfer of some 370,000 annuities from The Prudential Assurance Company Limited to Rothesay Life plc. The court has confirmed that there were errors in Mr Justice Snowden’s approach to the exercise of the court’s discretion on insurance business … Read more
In Baines v Dixon Coles and Gill [2020] EWHC 2809 (Ch), the High Court has ruled that a number of claims brought against a law firm following the misappropriation of money from client accounts could not be aggregated under the Minimum Terms and Conditions for solicitors professional indemnity insurance. This was on the basis that each … Read more
Aspen Underwriting Ltd & Ors v Credit Europe Bank NV [2020] UKSC 11 In Aspen Underwriting Ltd & Ors v Credit Europe Bank NV (full judgment available here), the Supreme Court recently held that the High Court of England and Wales did not have jurisdiction to hear claims of fraudulent misrepresentation and/or restitution made by … Read more
The Scottish Inner House has dismissed the insured’s appeal in Young v Royal and Sun Alliance Insurance Plc [2020] CSIH 25. Upholding the Outer House decision of Lady Wolffe, the Inner House held that the insurer could not be considered to have impliedly waived the insured’s duty of fair representation of risk under the Insurance … 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
In Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm) the High Court held it was material to the assessment of a risk under an all risks contactors’ mobile plant policy (the “Policy”) that the insured had failed to disclose the fact that risk requirements concerning a separate buildings policy remained outstanding and that special terms had been imposed. 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