Insurance Notes

Court of Appeal considers jurisdiction of the English court to hear Covid-19 BI claim

Court of Appeal holds insurers to the "clear terms" of the policy

The Court of Appeal has handed down its decision in ABN Amro Bank N.V. v Royal & Sun Alliance Insurance plc and others [2021] EWCA Civ 1789.  At …

Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect

The High Court has interpreted a jurisdiction clause in an excess liability insurance policy as granting exclusive jurisdiction to the English courts, …

Supreme Court judgment on the meaning of ‘deliberate act’ in public liability insurance

On 23 April 2021 the Supreme Court handed down its judgment in Burnett or Grant (Respondent) v International Insurance Company of Hanover Ltd (Appellant) …

Supreme Court considers the costs to be taken into account in assessing whether a vessel is a CTL

In Sveriges Angfartygs Assurans Forening (The Swedish Club) and Ors v Connect Shipping Inc and Anor [2019] WLUK 126, the Supreme Court considered what …

Australian decision takes opposite view to the English court on whether depreciation amounts to a saving in Business Interruption calculation

An Australian state Court of Appeal decision has expressly rejected the reasoning of Mr Justice Flaux (as he then was) in the English High Court case of …

High Court awards indemnity on a reinstatement basis for damaged property which had not been reinstated

In Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm), David Railton QC sitting as a Deputy High Court …

Coverage for 'Doomsday or Armageddon' data breach class actions: insurance implications of the Court of Appeal's decision to confirm Morrisons' vicarious liability for employee's deliberate actions

In the recent judgment in Wm Morrisons Supermarkets Plc v Various Claimants [2018] EWCA Civ 233 the Court of Appeal has dismissed an appeal against …

Sanctions clauses in a Changing sanctions regime

In Mamancochet Mining Limited v Aegis Managing Agency Limited and Others [2018] EWHC 2643, the High Court held that, in order to avoid payment of a …

Brexit Continuity Clauses: what policyholders need to know

We have assisted Airmic to produce a guide for policyholders on Continuity Clauses, which some in the insurance market are using to prepare for the …

CAN A LAWYER BE AN ARBITRATOR WHERE THE REQUIREMENT IS FOR "EXPERIENCE OF INSURANCE OR REINSURANCE"?

In Allianz Insurance and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the Court of Appeal has reversed the …

CONSTRUCTION OF EXCLUSIONS IN INSURANCE POLICIES

In Crowden and Crowden v QBE Insurance (Europe) Ltd [2017] EWHC 2597 (Comm) the Commercial Court found in favour of the Defendant insurer on the disputed …