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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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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