Insurance Notes

Court of Appeal confirms insured's entitlement to a declaration of indemnity for cost of reinstatement of property damaged by fire

In Great Lakes Reinsurance (UK) SE v Western Trading Limited [2016] EWCA Civ 1003 the Court of Appeal confirmed that the court may make a declaration …

WTC and aggregation: the meaning of "arising from one event"

In MIC Simmonds (Lloyd's Syndicate 994) v AJ Gammell (Lloyd's Syndicate 102) [2016] EWHC 2515 (Comm), Mr Justice Cooke considered an appeal against the …

Supreme Court holds that a settlement may be set aside for fraud even if fraud was suspected

The Supreme Court has held unanimously that, where a party seeks to set aside a settlement agreement on the grounds that it was induced to enter into …

Supreme Court rules that a "collateral lie" is immaterial to the insurance claim

In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and Others [2016] UKSC 45, the Supreme Court held that policyholders who …

Insurer's subrogation rights in relation to leasehold premises revisited

In Elizabeth Frasca-Judd v Galina Golovina [2016] EWHC 497 (QB), the High Court has held, applying Mark Rowlands v Berni Inns Limited …

August 2011 riots: Consequential losses not recoverable under the Riot (Damages) Act 1886

On 20 April 2016 the Supreme Court gave judgment in The Mayor's Office for Policing and Crime v. Mitsui Sumitomo Insurance Co (Europe) Ltd and others …

Court of Appeal construes aggregation provision in minimum terms and conditions of professional indemnity insurance

The Court of Appeal has varied the decision of the High Court in AIG Europe Limited v OC320301 LLP and Others [2015] EWHC 2398 (Comm) and provided …

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 …

Court of Appeal reminds insurers of cost risk in defending insureds

The Court of Appeal has upheld a decision to make a non-party costs order against an insurer who defended its insured in proceedings. The case provides a …

Court of Appeal decides that the <i>Fairchild</i> causation exception applies in lung cancer cases

The Court of Appeal has recently decided that the Fairchild causation exception applies in a lung cancer case. The case is significant in that to date …

Insurance & Reinsurance Disputes Annual Review 2015 published

High Court construes "in any way involving" in liability policy

The High Court has held that the words "in any way involving any act, error or omission" before a certain date in an exclusion clause in a professional …