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Commercial Court Insurance Industry

BCLP

Corbin & King: Denial of Access clause and Composite policy cover for COVID-19

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The Commercial Court has found in Corbin & King Ltd v Axa Insurance UK Plc (“Corbin & King”, available here) that a Non-Damage Denial of Access (“NDDA”) clause responds to COVID-19 business interruption losses.  Further, that...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Decision Suggests Insurers May Struggle to Enforce Anti-Assignment Clauses in Prior-Incurred Loss Cases

In Certain Underwriters at Lloyd’s v. AT&T Corp.,[1] Justice Cohen of the New York County Commercial Division Court granted a motion for partial summary judgment and determined that Nokia, through its predecessor Lucent, had...more

BCLP

FCA Test Case - new declarations: The final hurdle

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On 15 February 2021 the FCA released the draft “declarations” that the parties are asking the Supreme Court to make following its judgment in January. The declarations are intended to neatly capture the decisions of the...more

BCLP

Supreme Court hands down its judgment in the COVID-19 Business Interruption Insurance Test Case

BCLP on

The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more

BCLP

What to expect from the FCA Test Case appeal to the Supreme Court

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On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more

Dechert LLP

English Court Takes a More Flexible Approach to Service of Proceedings on a Foreign State

Dechert LLP on

A trend has emerged which demonstrates the London Commercial Court’s increasing willingness to adopt a pragmatic approach to the method of service of documents on a foreign State in appropriate cases, even though the...more

Cooley LLP

Blog: Commercial Court Considers Jurisdictional Issues Affecting Contribution Claims

Cooley LLP on

In XL Insurance Company SE v AXA Corporate Solutions Assurance [2015] EWHC 3431 (Comm), the Commercial Court has held that, pursuant to Article 4 of EU Regulation 1215/2012, it had no jurisdiction to hear a dispute between a...more

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