The scope of an insured’s notification of circumstances: Euro Pools Plc v...
How should the courts approach the scope of an insured’s notification of circumstances to insurers? What, if any, limit to the scope arises from the subject knowledge of the insured? In its most...
View ArticleIndemnification on the Reinstatement Basis: Sartex Quilts & Textiles Limited...
In Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm), David Railton QC, sitting in the Commercial Court considered the effect of the Court of Appeal’s...
View ArticleACCRUAL OF THE CAUSE OF ACTION UNDER A PROPERTY POLICY: Globe Church...
In Globe Church Incorporated v Allianz Australia Insurance Ltd & Anr [2019] NSWCA 27 the majority of the New South Wales Court of Appeal determined that a claim arising from an insurers’ refusal to...
View ArticleIndemnification on the Reinstatement Basis: Endurance Corporate Capital...
In Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited [2020] EWCA Civ 308, the Court of Appeal unanimously held that an insured is generally entitled to be indemnified in...
View ArticleAvoidance for Material Non-Diclosure: Niramax Group Limited v Zurich...
In Niramax Group Limited v Zurich Insurance Plc [2020] EWHC 535 (Comm) the High Court considered the principles applicable to cases of avoidance for material non-disclosure, in a claim by a...
View ArticleThe limits of contractual discretion: UK Acorn Finance Limited v Markel (UK)...
In UK Acorn Finance Limited v Markel (UK) Limited, HHJ Pelling QC applied the Supreme Court’s decision in Braganza v BP Shipping Limited [2015] UKSC 17 in the context of an insurance dispute. The Judge...
View ArticleThe Test for Inducement in Contracts Prior to the Insurance Act 2015: Zurich...
In Zurich Insurance PLC v Niramax Group Limited, dealing with a contract pre-dating the Insurance Act 2015, the Court of Appeal held that to establish inducement in cases of non-disclosure it was...
View ArticleThe Construction and Application of Aggregation Clauses: Spire Healthcare Ltd...
In Spire Healthcare v Royal & Sun Alliance Insurance, the Court of Appeal considered the construction and operation of an aggregation clause in the context of hundreds of claims against a...
View ArticleSolicitors Minimum Terms and Conditions and the Meaning of Private Legal...
In Doorway Capital Limited v American International Group UK Limited, Mr Justice Butcher held that liability for a breach of trust arising from an agreement between a solicitors’ practice and its...
View ArticleBusiness Interruption Insurance after the FCA test case: Corbin & King...
In Corbin & King v AXA, Mrs Justice Cockerill found policyholders were entitled to an indemnity in respect of business interruption losses sustained during the Covid-19 pandemic. The case was heard...
View ArticleThe scope of an insured’s notification of circumstances: Euro Pools Plc v...
How should the courts approach the scope of an insured’s notification of circumstances to insurers? What, if any, limit to the scope arises from the subject knowledge of the insured? In its most...
View ArticleIndemnification on the Reinstatement Basis: Sartex Quilts & Textiles Limited...
In Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm), David Railton QC, sitting in the Commercial Court considered the effect of the Court of Appeal’s...
View ArticleACCRUAL OF THE CAUSE OF ACTION UNDER A PROPERTY POLICY: Globe Church...
In Globe Church Incorporated v Allianz Australia Insurance Ltd & Anr [2019] NSWCA 27 the majority of the New South Wales Court of Appeal determined that a claim arising from an insurers’ refusal to...
View ArticleIndemnification on the Reinstatement Basis: Endurance Corporate Capital...
In Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited [2020] EWCA Civ 308, the Court of Appeal unanimously held that an insured is generally entitled to be indemnified in...
View ArticleAvoidance for Material Non-Diclosure: Niramax Group Limited v Zurich...
In Niramax Group Limited v Zurich Insurance Plc [2020] EWHC 535 (Comm) the High Court considered the principles applicable to cases of avoidance for material non-disclosure, in a claim by a...
View ArticleThe limits of contractual discretion: UK Acorn Finance Limited v Markel (UK)...
In UK Acorn Finance Limited v Markel (UK) Limited, HHJ Pelling QC applied the Supreme Court’s decision in Braganza v BP Shipping Limited [2015] UKSC 17 in the context of an insurance dispute. The Judge...
View ArticleThe Test for Inducement in Contracts Prior to the Insurance Act 2015: Zurich...
In Zurich Insurance PLC v Niramax Group Limited, dealing with a contract pre-dating the Insurance Act 2015, the Court of Appeal held that to establish inducement in cases of non-disclosure it was...
View ArticleThe Construction and Application of Aggregation Clauses: Spire Healthcare Ltd...
In Spire Healthcare v Royal & Sun Alliance Insurance, the Court of Appeal considered the construction and operation of an aggregation clause in the context of hundreds of claims against a...
View ArticleSolicitors Minimum Terms and Conditions and the Meaning of Private Legal...
In Doorway Capital Limited v American International Group UK Limited, Mr Justice Butcher held that liability for a breach of trust arising from an agreement between a solicitors’ practice and its...
View ArticleBusiness Interruption Insurance after the FCA test case: Corbin & King...
In Corbin & King v AXA, Mrs Justice Cockerill found policyholders were entitled to an indemnity in respect of business interruption losses sustained during the Covid-19 pandemic. The case was heard...
View Article