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Blog: Court of Appeal holds that a failure to exercise a “duty to speak” can form the basis of an estoppel

In Ted Baker PLC v (1) AXA Insurance UK PLC (2) Fusion Insurance Services Ltd (3) Tokio Marine Europe Insurance Ltd [2017] EWCA Civ 4097 Ted Baker PLC (TB) suffered significant business interruption losses as a result of...more

Blog: Commercial Court Upholds Right Of Insurer To Avoid Policy For Misrepresentation And Non-Disclosure

In Dalecroft Properties Ltd v Underwriters [2017] EWHC 1263 (Comm), Mr Richard Salter QC (sitting as a Deputy Judge of the High Court) confirmed the defendant insurers’ right to avoid a property insurance policy following...more

Blog: Court Of Appeal Confirms That Payment Of Money Into Escrow Account Is Not An Insured Loss Under A Liability Policy

In WR Berkley Insurance (Europe) Limited v Teal Assurance Company Limited [2017] EWCA Civ 25, the Court of Appeal upheld the first instance decision of Mr Justice Eder, and confirmed that the payment of monies into an escrow...more

Blog: Commercial Court provides guidance on interaction between aggregation and excess clauses

In Spire Healthcare v Royal Sun Alliance Insurance plc [2016] EWHC 3278, the claimant sought declarations to the effect that an insurance policy it held with the defendant insurer contained no operative aggregation clause...more

Blog: Commercial Court Dismisses Appeal By Reinsurers Disputing That Certain Losses Arising From The World Trade Centre Attack In...

In Simmonds v Gammell [2016] EWHC 2515 (Comm) the respondent insurer had participated in various layers of an excess liability insurance programme, insuring the Port of New York (PONY). The appellant reinsurer had...more

Alert: Insurance Act: Underwriter's Checklist

The Insurance Act 2015 will come into force on 12 August 2016. It will apply to all English law contracts of insurance and reinsurance (or variations to current contracts) underwritten on or after that date. Contracts of...more

Blog: Supreme Court rules that “collateral lies” are no bar to a claim on an insurance policy

In Versloot Dredging v HDI Gerling Industrie Versicherung AG [2016] UKSC 45, the Supreme Court held that a claim which is supported by a fraudulent narrative will not be subject to forfeiture under the fraudulent claims rule...more

Blog: Supreme Court Determines That A Director Cannot Be Liable To An Employee Under The Employers’ Liability (Compulsory...

In Campbell v Gordon [2016] UKSC 38 the appellant, Mr Campbell, was employed by a company as a joiner. Mr Gordon, the respondent, was the sole director of the company. Mr Campbell subsequently suffered an injury while working...more

Blog: Third Parties (Rights Against Insurers) Act 2010 to Come into Force in August 2016

A statutory instrument has recently been passed providing that the Third Parties (Rights Against Insurers) Act 2010 will, finally, come into force on 1 August 2016, some six years after it was first passed....more

Blog: Enterprise Bill Receives Royal Assent

On 4 May 2016 the Enterprise Bill received royal assent and will come into force in May next year. From an insurance perspective, the Enterprise Act 2016 will have important ramifications, as it introduces amendments to...more

Blog: Supreme Court Considers Compensation Under The Riot Act

In The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ord [2016] UKSC 18, the Supreme Court ruled on the quantification of compensation available to insurers under the Riot Act 1886,...more

Blog: Court Of Appeal Approves Third Party Costs Order Against An Insurer

In Legg & Ors v Sterte Garage Ltd and Aviva UK Limited [2016] EWCA Civ 97, the Court of Appeal upheld the first instance decision that a third party costs order made against the defendant insurer was justified in...more

Blog: Commercial Court Considers Notification And Retroactive Date Clauses In Professional Indemnity Policy

In ARC Capital Partners Ltd v Brit Syndicates Ltd and QBE Underwriting Ltd [2016] EWHC 141 (Comm) Mr Justice Cooke held that an exclusion clause in a professional indemnity insurance policy which excluded coverage for claims...more

Blog: UK Insurance Fraud Taskforce Produces Its Final Report

In January 2016 the Insurance Fraud Taskforce produced its final report into the serious issue of fraud in insurance, a problem which is reported to cost more than £3bn each year. The proposals made in the report are...more

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