Insurance Notes

Court finds breach of condition precedent relating to pre-contract misrepresentation unenforceable under Insurance Act 2015

First case on the implied term to pay claims within a reasonable time – section 13A Insurance Act 2015

The judgment in Quadra Commodities S.A. v XL Insurance Company SE and Others [2022] EWHC 431 (Comm) is notable as the first to consider the application …

Non-disclosure of criminal charges – first Insurance Act 2015 avoidance

The High Court has considered again the issue of non-disclosure of criminal charges against an innocent insured and found that an insurer could avoid a …

What's on the menu? Insurers must ask the right questions at placement

In Ristorante Limited T/A Bar Massimo v Zurich Insurance Plc [2021] EWHC 2538 (Ch), the Court considered the interpretation and legal effect of a …

Court of Appeal rules on test for inducement pre-Insurance Act 2015

The Court of Appeal has dismissed the insurer's appeal in Zurich Insurance Plc v Niramax Group Ltd [2021] EWCA Civ 590. Upholding the first instance …

Scottish Appeal Court revisits first Insurance Act 2015 decision on whether an insurer had waived its right to disclosure

The Scottish Inner House has dismissed the insured’s appeal in Young v Royal and Sun Alliance Insurance Plc [2020] CSIH 25. Upholding the Outer House …

First Insurance Act 2015 decision considers whether an insurer had waived its right to disclosure

Young v Royal and Sun Alliance plc [2019] CSOH 32 is the first case to be decided under the Insurance Act 2015.  It was alleged that the insured had …

Insurance Act 2015 comes into force today

Today marks the day that the Insurance Act 2015 (the "Act") comes into force.  This is the most significant reform of UK insurance law in over 100 …

Better rights against insurers of 'insolvent' entities – finally here

A key question in any litigation is whether the defendant can satisfy a judgment.  Where the defendant is both insolvent and insured a further issue …

Getting insured values wrong under the Insurance Act 2015: can insurers avoid the policy, apply average or even 'double-dip' with proportionate remedies?

Property and business interruption insurance policies commonly include an average clause permitting the insurer proportionately to reduce the value of …

New right for policyholders to claim damages for late payment of insurance claims

The Enterprise Act 2016 ("the Act") received Royal Assent yesterday. Among other reforms, the Act changes English law's approach to remedies for late …

Non-disclosure clauses: when is a non-disclosure "deliberate or fraudulent"?

In Mutual Energy Ltd v Starr Underwriting Agents Ltd [2016] EWHC 590 (TCC), Mr Justice Coulson considered the proper construction of a clause which …