9 results
20 Feb 2019 15:12
Cameron v Liverpool Victoria Insurance Co Ltd: Suing Unnamed Defendants & the Approach to Alternative ServiceThe Supreme Court has now handed down judgment in Cameron v Liverpool Victoria Insurance Co Ltd. The case concerns the issue as to whether/when it is permissible to issue proceedings against an unnamed defendant. The Supreme Court’s decision marks a reversal in the recent trend of courts more...
3 Jan 2019 14:28
ATE and security for costs: Lewis Thermal Limited v Cleveland Cable Company LtdThis is the third occasion on which I have posted on this blog on the issue of after the event insurance (ATE) policies and the impact which they have on applications for security for costs. In the first post on 16 November 2017, I praised the judgment of Snowden J in Premier Motorauctions v more...
14 Sep 2018 10:17
Subrogation and joint insurance: it's a kind of magic?by Neil Hext QC of 4 New Square. There has always been a tension between the literal application of poorly worded contractual provisions and the need to apply common sense to avoid commercially absurd results. But in recent years, the centre of gravity has moved towards the former and away from the more...
5 Jun 2018 17:00
Avondale Exhibitions Limited v Arthur J Gallagher Insurance Brokers Limited [2018] EWHC 1311 (QB): the extent of a broker’s duty to advise an insured about discAvondale Exhibitions v Arthur J Gallagher concerned a claim by a company against its insurance broker arising from an insurer’s decision to decline cover. In giving judgment for the defendant insurance broker, HHJ Keyser Q.C. (i) endorsed the statements of David Steel J in Jones v Environcom Limited more...
29 May 2018 13:48
Navigators Insurance Company Ltd and ors v Atlasnavios-Navegacao LDA [2018] UKSC 26: malicious acts and exclusion of cover in standard war risk insuranceIn Navigators Insurance Company Ltd and ors v Atlasnavios-Navegacao LDA (formerly Bnavios-Navagecao LDA), the Supreme Court has dismissed an appeal by the insured shipowners challenging the decision by insurers to decline cover to a vessel held by customs authorities in Venezuela due to the more...
9 May 2018 15:12
GDPR and Insurance: who picks up the tab when things go wrong?Notwithstanding assurances from the Information Commissioner that they “prefer the carrot to the stick” the fact remains that the ICO will have the power under Article 83(4) the General Data Protection Regulation (“GDPR”) to levy fines of up to €10million or 2% of annual global turnover on data more...
8 May 2018 12:15
Equitas Insurance Limited v. MMI Limited [2018] EWCA Civ 991: ‘spiking’ and recoupment of liabilities for mesothelioma in the context of reinsurance.In Equitas Insurance Limited v. MMI Limited [2018] EWCA Civ 991, the Court of Appeal (Lady Justice Gloster and Sir Jack Beatson) granted permission to Equitas to appeal from an arbitration award of Flaux LJ sitting as a judge arbitrator. The substantive appeal will address fundamental issues more...
23 Apr 2018 12:19
Halliburton Company v Chubb Bermuda Insurance Ltd [2018] EWCA Civ 817: arbitral appointments in related or overlapping referencesThe Court of Appeal’s decision is considered by David Turner QC of 4 New Square on Monday 23rd April 2018. The question of whether an arbitrator can accept appointments in related or overlapping references can arise with surprising frequency, especially in the context of excess layer insurance more...
26 Mar 2018 10:27
Haberdashers’ Aske’s Federation Trust Limited and others v Lakehouse Contracts Limited and others [2018] EWHC 558 (TCC)It is common practice in various industries (particularly the construction industry) for parties to agree that specified loss or damage will be covered by insurance obtained for the parties’ mutual benefit, whether such loss or damage is caused by one party’s fault or not. In some cases the more...
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