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In ABN Amro Bank N.V. v Royal & Sun Alliance Insurance plc (and others) [2021] EWHC 442 (Comm), the Court found that an “unusual” and “unprecedented” clause provided credit risk cover in an all risks marine cargo policy. This lengthy decision explores a number of issues including construction of policy wordings, rectification and estoppel, non-disclosure and misrepresentation, as well as the duties of an insurance broker. In particular, the judgment considers the extent to which a broker is under a duty to explain the meaning of particular clauses to insurers. Read more
In Rockcliffe Hall Limited v Travelers Insurance Company Ltd [2021] EWHC 412 (Comm), Travelers succeeded in obtaining strike out/summary judgment against a policyholder’s Covid-19 business interruption claim because Covid-19 was not specifically included in the policy’s ‘closed list’ of specified diseases. Read more
The Court of Appeal in Irwell Insurance Co Ltd v (1) Neil Watson (2) Hemingway Design Ltd (in liquidation) (3) Darren Draycott [2021] EWCA Civ 67 has upheld the decision of the Employment Appeal Tribunal and found that the Employment Tribunal’s jurisdiction extended to claims brought against insurers of insolvent employers under the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act). Read more
We have just released the first edition of our Insurance Disputes podcast, in which we look at the Supreme Court’s judgment in the FCA’s Covid-19 Business Interruption insurance test case. This episode is hosted by Sarah Irons, a Professional Support Consultant in our insurance disputes team, who is joined by Paul Lewis, who led the Herbert Smith Freehills team who acted for the FCA in the test case. Read more
We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2020, 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. Read more
The FCA’s Final Report on general insurance pricing practices concludes that retail home and motor insurance markets are not working well for all consumers and confirms proposals to prohibit “price walking”. The FCA’s reforms include the following key changes: Firms will be prohibited from imposing a “loyalty penalty” on customers at renewal of their policy. … Read more
As expected, the terms of the trade deal agreed between the UK and the EU on 24 December 2020 mean that Solvency II passporting rights are no longer available to UK insurers wishing to conduct insurance business in the EEA. For UK insurers with policyholders in EEA States, this creates a particular concern that they … Read more
Despite the UK and EU having finalised a Trade and Cooperation Agreement to govern their trading and security relationship following the end of the Brexit transition period, there remain a number of uncertainties when it comes to commercial dispute resolution in cases involving the UK and the EU. The main source of uncertainty arises from … Read more
