Legal updates

China lake fog crop2Foreign investment into China
Unprecedented reform to financial sector – foreign ownership limits in the sector will be phased out.  Read more

Mesothelioma asbestos2Time limit confirmed for mesothelioma contribution claims
What is the limitation period for a claim for contribution between insurers?  Read more

Policy cropInsurance brokers: scope of duty
A reminder of the importance of obtaining expert evidence to support claims for breach of a professional duty.  Read more

Abu Dhabi take off cropWhich policy pays? It all depends on the circumstances
The case, although fact specific, raises a number of interesting points of insurance law.  Read more

Magnifying glass 2 cropA matter of evidence
How do you prove the existence of a reinsurance contract when you can’t find the paperwork? Read more

Supreme Court London crop2Supreme Court dismisses appeal in Venezuela drug saga
Court held that the Vessel’s loss was not caused by the peril relied upon by the Assured. Read more

parliament aerial cropSAAMCO and Hughes-Holland reconsidered
House of Lords limited recovery of damages from a negligent professional advisor. Read more

Unknown identity cropA sense of identity
What happens when a would-be party cannot be identified? 
Read more

Hydro Electricity cropNaming names and an email trap for the unwary
Dispute arose following collapse of tunnel designed and constructed as part of a hydro-electric scheme.  Read more

Lineup cropNaming names and an email trap for the unwary
Two decisions serve as a stark reminder that claims may still fail if proceedings are not served properly.  Read more

fallen-oak2-1406104crropWhen insurance goes metaphysical
The claimant had bought and sold copper ingot cargoes on CIF China terms on a back-to-back basis.  Read more

Deepwater Horizon site cropArbitrators – Apparent Bias and Duty to Disclose
Case arose from a dispute following the Deepwater Horizon oil rig explosion and fire which killed 11 workers.  Read more

Royal Courts of Justice_2014 (B&W) cropAccess to justice means insurers must play by the rules
It has always been a concern that fees may not be forthcoming once the work has been undertaken.  Read more

Building fire cropWhen is a sub-contractor entitled to cover under a project insurance policy?
The complexities of contractual arrangements.  Read more

Maze cropBut what does it really mean?
Case highlights difficulties that arise when parties interpret clear wording in different ways.  Read more

Syria (Syrian Arab Republic) flag cropSuing a Sovereign State: Points to Note
Recent case highlights some key procedural issues that arise in litigation against rogue states.  Read more

Bouncer nightclub cropA load of “agg” you could do without?
Aggregation clauses are always worth the “agg” for somebody – depending on who is trying to aggregate.  Read more

Royal Courts of Justice_2014 (B&W) cropArbitrator appointments: what experience is required?
One of the advantages of arbitration is to give parties the ability to have a say in who will resolve their dispute.  Read more

German England flags cropD&O coverage dispute: Commercial Court considers issues of German and English law
The policy in question was subject to German law.  Read more

Integrity trust teamwork cropProfessional behaviour – honesty the same as integrity?
The circumstances in which a person may be found to lack integrity have featured in the courts less frequently.  Read more

HPIM0221.JPGCaveat Lender
Supreme Court: Was solicitor acting for borrower liable to the lender bank for negligent misrepresentation?  Read more

Asbestos close up cropMesothelioma: the foreseeability test
Recent decision has the potential to expose insurers to a new wave of mesothelioma claims.  Read more

Video still JW cropCyber Security in MENA: an Insurance Perspective
Justin Whelan answers questions relating to cyber security from an insurance perspective.  Read more

Dishonesty cropCourts take hard line against dishonest claimants
Strict approach when applying the rules relating to fundamental dishonesty.  Read more

GDPR word cloud cropGDPR: 100 Days To Go!
The changes introduced by GDPR will have a profound effect on how insurers handle personal data.  Read more

Swimming pool cropClaim for mitigation costs: a first party financial loss?
A claim under a contract must be brought within six years of the date of accrual of the cause of action.  Read more

Range Rover cropInsurers continue the fight back against fraud
Insurer successfully claims its money back after suing the claimant for fraudulent misrepresentation. Read more

Forked road cropAll in a Name
What happens if a party is wrongly named in a claim form in English court proceedings? Read more

Thriller Live cropDon’t Blame It On The IMF
Austerity protests not a frustrating event for Thriller contract – recent High Court decision. Read more

Building fire cropCourt construes Electrical Installation Inspection ‘Warranty’
Were insurers liable for cover following a fire at a West Lothian hotel? Read more

Royal Courts of Justice_2014 (B&W) cropInsurers can recover defence costs where claim not covered
Insurer who funded assured’s defence costs in professional indemnity claim entitled to reclaim those costs.  Read more

Crutches fake injury crop‘’Cash for crash’’ scammers face jail time for telling lies
Nine individuals receive prison sentences after making false statements as part of their motor insurance claims.  Read more

Bermuda UK cropILS: A new dawn for reinsurance in the UK?
Insurance Linked Securities are projected to grow to a value of $87bn by 2019.  Read more

Germany from space cropGermany: Increased exposure for product liability insurers
Changes signal a potential increase in exposure for product liability insurers.  Read more

Supreme Court London crop2‘But for’ the Supreme Court, where would causation be?
The Supreme Court has ruled on the application of the ‘but for’ test for causation in a re-financing case.  Read more

Expenses cropEFTA Court interprets legal expenses provision of Solvency II Directive
Possible significant consequences for insurers.  Read more

Jump cliff cropThink before you jump into arbitration
Recent decision by Popplewell J in Glencore Agriculture BV v Conqueror Holdings Limited.  Read more

Personal injury car cropDefendant insurers back in the driving seat
When can a successful defendant avoid the application of QOCS by virtue of the ‘fundamental dishonesty’ exception?  Read more

CJEU Court of Justice of the EU cropGoliath v Goliath – who chooses the battleground?
CJEU has recently given guidance on the EU special jurisdiction regime for insurance claims.  Read more

playing-cards-1776265_1920cropPlaying your cards right?
What is the proper test for ‘dishonesty’ in English law? Ivey v Genting Casinos (UK) Ltd.  Read more

Piracy flag cropThe hidden costs of piracy, and where they fall
GA continues to raise questions: a decision of the Supreme Court has handed down on a GA dispute of US$160,000.  Read more

Broken cup negligence cropExcluding fault-based liability
Contract law – general principle that clauses which try to exclude liability for negligence will be interpreted narrowly.  Read more

Supreme Court London crop2Arbitration: what’s the appeal?
There are in fact only three grounds on which an arbitration award can be challenged in the courts.  Read more

China brick wall flag cropHague Convention on Choice of Court Agreements
Signing of Hague Convention by the People’s Republic of China – resolution of disputes with Chinese entities easier?  Read more

harvey cropTrigger Happy?
As we know, there are often significant differences between the initial ‘guesstimating’ and the final total. Read more

Brussels EU cropRespecting law and jurisdiction – a one way street?
An issue facing liability insurers is that of direct actions pursued by third parties in foreign courts.  Read more

tedbakercropClaims co-operation: an insurer’s duty to speak up?
Is an insurer required, during the claims process, to warn an insured that it may be at risk of jeopardising its claim?  Read more

Boardroom2cropPossible extensions to the scope of the Senior Manager and Certification Regime
Regime will not just apply on a ‘corporate level’.  Read more

parliament aerial cropFirst judicial interpretation of the transitional provisions of the Third Parties (Rights Against Insurers) Act 2010
Scope of the transitional provisions of the 2010 Act.   Read more

Mastercard cropUK class actions fail again
It has been a long-standing concern of insurers that US-style class actions might be adopted in the UK.   Read more

Netherlands flag boat cropJurisdiction: one foot in, one foot out
Court held that vessel had been deliberately sunk by the master and chief engineer at the request of her owner.  Read more

Insurance EU cropEIOPA: A warning shot on insurance supervision post-Brexit
The EIOPA has published an opinion on supervisory convergence.  Read more

uk-flag-bank-england-smallILS – The UK Government sets out its stall
Regulations will be put before Parliament and are expected to come into force in the early autumn of 2017.  Read more


Update on the IDD in Germany
The German legislator approved the legislation implementing the European Directive on Insurance Distribution. Read more

Denmark flag boat crop

ECJ ruling exposes liability to direct actions across EU
Injured 3rd party not bound by jurisdiction agreement between insurer and policyholder in the insurance contract.  Read more

Food poisoning cropFraudulent Claims – Taking a Dive?
ABI figures show that 125,000 dishonest insurance claims with a combined value of £1.3 billion were detected in 2016.  Read more

Fingerprint cropRegulator Pumps Up the Volume on Silent Cyber
Insurance regulators around the world are increasingly concerned by the problem of ‘silent cyber risk’.  Read more

Data EU keyboard cropGDPR opens new opportunities for the insurance industry
GDPR may open a door for German insurers towards a new efficient approach to data protection.  Read more

hacking-1685092_1920hackPetya – coverage issues for insurers?
This virus, unlike ‘WannaCry’, does not appear to have looked for vulnerable devices outside the target organisation.  Read more

Padlock cropChange and more change
Insurers must now wrestle with profound legislative change in the form of the GDPR.  Read more

Bundestag German parliament crop

New regulation in Germany for certified mediators
New mediation regulation will come into effect in Germany requiring higher standards for “certified” mediators.  Read more

spyware-2319403_1280-CROPGerman regulator BaFin to permit K+R cover for cyber risks
The regulations regarding K+R cover and the payment of ransom in these circumstances vary from country to country.  Read more

cologne event cropESMA issues general principles to support supervisory convergence in light of Brexit
ESMA will now develop sector specific guidance.  Read more

parliament aerial cropInsurance Act – plus ça change, plus c’est la même chose?
Legislation seeks to make happen insured’s pre-contractual duty to make a ‘fair presentation’ of the risk.  Read more

ship hull cropOcean Victory: Serious Consequences for Hull Insurers
Recent judgment discusses point with potentially serious consequences for hull insurers of vessels.  Read more

Beckham cropInsurance Act: You must take care of your ‘Golden Balls’
Even the strongest, most precious, professional relationships come to an end, occasionally dramatically.  Read more

London aerial day cropWe all know the Enterprise Act is in force but which contracts will it apply to?
Is a variation just that or does it goes further? Read more

Insurance claim cropDamages for late payment – will it change behaviours?
Implied term into contracts written after that date that requires claim to be paid within a “reasonable time”. Read more

Car blurred cropThe meaning of “use”
What constitutes “use” of a vehicle seems like a simple question to which there should be a simple answer. Read more

Brick demolition cropThe meaning of “accidental damage”
The decision in Leeds Beckett University v Travelers contains a useful review of the meaning of “accidental damage”. Read more

Parliament black white cropSupreme Court considers application of SAAMCO Principle
While this concerned a claim in negligence against a solicitor, this will apply to a wide range of professional advisers. Read more

Supreme Court London crop2Aggregating claims under professional insurance policies
This will be of interest primarily for those dealing with solicitor’s negligence claims. Read more

Insurance EU cropAre you ready for the new Insurance Competition Regime?
On 30 March 2017, the EU Insurance Block Exemption Regulation 267/2010 (IBER) will expire. Read more

signature cropWhen is a contractual term a condition precedent?
Whether a term is a condition or a condition precedent is a question of construction. Read more

Fraud cropInsurance policies as a form of fortification
A cross-undertaking in damages is generally the ‘price’ of being granted an injunction. Read more

Construction silhouette cropA fair presentation of the risk?
As with many cases on avoidance, much turns on the particular facts of the case. Read more

Medical cropNon-party costs order made against insurers
Circumstances in which a non-party to court proceedings can be ordered to pay costs of one of the parties. Read more

Lifebelt cropRecoverability of insurance premium
The recoverability of costs regime underwent a dramatic transformation from 1 April 2013. Read more

aggregate-cropAggregation clause in Minimum Terms and Conditions
Law Society rules requiring solicitors to arrange insurance with ‘Qualifying Insurers’. Read more

Fingerprint cropAppointing an expert
Expert evidence is commonly used when the judge does not have the requisite technical expertise. Read more

Brick wall cropChallenging an arbitrator
One of the key advantages of arbitration over litigation is the ability to participate in the selection of the arbitrators. Read more

Supreme Court London crop2Maximising reinsurance recoveries?
Can an insured – or its captive insurer – manipulate the order in which claims are presented to its best advantage? Read more

Policy cropWhen and what to notify?
Many liability policies require notice of loss or circumstances that may give rise to a claim on the policy. Read more