Insurance Notes

FCA publishes finalised guidance on GI distribution chain

The FCA has published final guidance for insurance product manufacturers and distributors involved in the general insurance distribution chain (see …

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 …

France sets out approach to post-Brexit servicing of policies held by UK expats

In February 2019, EIOPA published a series of recommendations (the "Recommendations") for the insurance sector relating to the UK's withdrawal from the …

Court of Appeal provides guidance on the resolution of competing dispute resolution clauses

In Airbus S.A.S. v Generali Italia S.P.A. and Ors [2019] EWCA Civ 805, the Court of Appeal upheld a declaration that the English court had jurisdiction …

First English Law Decision on WELCAR Offshore Construction Form

In what is understood to be the first English law decision on a policy underwritten on the WELCAR form, Mrs Justice Carr in the Commercial Court in …

Supreme Court provides welcome clarity on when non-party costs orders should be made against insurers

The Supreme Court has overturned the Court of Appeal's decision in Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 in a landmark decision on the …

Insurance issues in class actions - new webinar and "handy client guide"

Herbert Smith Freehills has today released a webinar looking at insurance issues in class actions. In the presentation Sarah …

FCA publishes interim report on general insurance pricing practices market study

New regulatory regime for insurance intermediaries in Hong Kong takes effect

The new statutory regime for the regulation of insurance intermediaries in Hong Kong takes effect today. This represents the final stage of …

Updated Brexit Legal Guide launched

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 …

Court of Appeal clarifies test for rectifying terms of written contract for common mistake

In an important recent decision, the Court of Appeal has confirmed the test for rectifying a contractual document on the grounds of common mistake: FSHC …