Tag Archives: wordings
We have assisted Airmic to produce a guide for policyholders on Continuity Clauses, which some in the insurance market are using to prepare for the impact of Brexit. The clauses aim to provide a level of contract continuity in the … Continue reading
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  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
In Crowden and Crowden v QBE Insurance (Europe) Ltd  EWHC 2597 (Comm) the Commercial Court found in favour of the Defendant insurer on the disputed construction of an “insolvency” exclusion in a professional indemnity insurance policy. The case is … Continue reading
In Mutual Energy Ltd v Starr Underwriting Agents Ltd  EWHC 590 (TCC), Mr Justice Coulson considered the proper construction of a clause which prevented insurers from avoiding the policy for non-disclosure unless that non-disclosure was "deliberate or fraudulent". The … Continue reading
The High Court has held that the words "in any way involving any act, error or omission" before a certain date in an exclusion clause in a professional indemnity policy meant "indirectly caused by". The act, error or omission must … Continue reading
In Aspen Insurance UK Limited v Adana Construction Limited  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 … Continue reading