Court of Appeal considers meaning of notification wording

The Court of Appeal has upheld a decision of the Commercial Court that found an insurer could not rely on a notification condition precedent to avoid liability under a public and product liability policy.  The judgment in Zurich Insurance PLC v Maccaferri Limited [2016] EWCA Civ 1302 confirms the helpful guidance provided by the Commercial Court on the construction of phrases commonly seen in notification provisions in liability policies.

Read our full bulletin on this case here

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End-user of defective product prevented from bringing a claim when it has knowledge of the defects

The Court of Appeal has confirmed that where an end user has knowledge of the defects in a product, it is not able to bring a claim for any subsequent loss resulting from that defect. It held that an end user company would be deemed to have knowledge even where its senior managers were not aware. It is sufficient that employees entrusted with the task of maintaining and operating the defective equipment in a safe manner had such knowledge: Howmet Limited v Economy Devices Limited & Ors [2016] EWCA Civ 847.

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Our new guide to product liability and product recall insurance in the UK

In this guide, published as a chapter of the International Comparative Legal Guide to Product Liability 2016, we consider the types of liability to which producers and distributors of defective products may be exposed, and the scope of product liability and recall insurance policies. It also outlines practical considerations for insureds in product recall planning and compliance with the requirements of their insurance.

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Supreme Court To Revisit Fraud-on-the-Market Basis for Class Certification

On 5 March, 2014, the Supreme Court will hear argument in a suit that has the potential to alter significantly the landscape of class action litigation in the United States.  The case, an alleged class action based on securities fraud, calls into question the approach taken by US courts in securities cases for the last 25 years, but could also have ramifications extending beyond securities litigation. Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. Nov. 15, 2013).

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