Case law

INSURANCE AND REINSURANCE DISPUTES ANNUAL REVIEW OF 2018 PUBLISHED

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2018, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the … Continue reading

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Filed under Annual Review, Case law, Insurers, Intermediaries, Legal/Regulatory, Miscellaneous, Policyholders

Another non-party costs order against a liability insurer

In Various Claimants v Giambrone & Law and Ors [2019] EWHC 34 (QB), the High Court awarded a non-party costs order against a law firm’s professional indemnity insurer under section 51 of the Senior Courts Act 1981 in circumstances where … Continue reading

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Coverage for ‘Doomsday or Armageddon’ data breach class actions: insurance implications of the Court of Appeal’s decision to confirm Morrisons’ vicarious liability for employee’s deliberate actions

In the recent judgment in Wm Morrisons Supermarkets Plc v Various Claimants [2018] EWCA Civ 233 the Court of Appeal has dismissed an appeal against the High Court’s decision that Morrisons was vicariously liable for its employee’s misuse of data, despite: … Continue reading

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Brokers’ negligence – guidance on the scope of the duty and causation

In Dalamd Limited v Butterworth Spengler Commercial Limited [2018] EWHC 2558 (Comm), Mr Justice Butcher considered a negligence claim against the Defendant insurance broker arising out of a fire at a waste recycling facility. The insured’s claim succeeded in part. … Continue reading

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Sanctions clauses in a Changing sanctions regime

In Mamancochet Mining Limited v Aegis Managing Agency Limited and Others [2018] EWHC 2643, the High Court held that, in order to avoid payment of a claim, insurers were required to show that payment would expose them to sanctions under … Continue reading

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COURT OF APPEAL DECISION IN ENRC: ORTHODOXY RESTORED ON LITIGATION PRIVILEGE, BUT NARROW INTERPRETATION OF “CLIENT” REMAINS FOR NOW

The Court of Appeal has handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006. At first instance, the High Court took a restrictive … Continue reading

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HIGH COURT RULES THAT BROKER WAS NOT IN BREACH OF DUTY IN FAILING TO PROVIDE ORAL ADVICE IN RELATION TO THE DUTY TO DISCLOSE

In holding that a broker was not in breach of duty by failing to give oral advice in relation to the disclosure of criminal convictions the Court has provided a useful reminder of the extent of a broker’s duty to … Continue reading

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Court of Appeal upholds payment of costs by non-party insurer

In Travelers Insurance Company Ltd v XYZ [2018] EWCA Civ 1099, the Court of Appeal upheld an order for costs against an unsuccessful Defendant’s insurer, under section 51 of the Senior Courts Act 1981. Even though the claims in issue … Continue reading

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CAN A LAWYER BE AN ARBITRATOR WHERE THE REQUIREMENT IS FOR “EXPERIENCE OF INSURANCE OR REINSURANCE”?

In Allianz Insurance and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the Court of Appeal has reversed the decision of the High Court on whether a party-appointed arbitrator met the contractual requirements as to requisite experience. … Continue reading

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INSURANCE AND REINSURANCE DISPUTES ANNUAL REVIEW 2017 PUBLISHED

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 … Continue reading

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Filed under Case law, Insurers, Intermediaries, Policyholders