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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 and Reinsurance Disputes Annual Review 2015 published
We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2015, published today, which provides an overview and analysis …
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 …
Herbert Smith Freehills publishes new guide to the Independent Insurance Authority in Hong Kong
Hong Kong is about to establish a unified insurance regulatory regime under the auspices of a new body, to be named the ‘Insurance Authority’. The …
9 months to go: How ready is the market for the Insurance Act 2015?
With just 9 months to go until the Insurance Act 2015 comes into force, how ready is the market? A recent survey carried out by Airmic among its members …
A Guide to Solvency II
Insurers and reinsurers operating in European markets are facing change on an unprecedented scale. The main reason for this is Solvency II. Solvency II …
PRA Decisions under Solvency II: How to appeal them
The PRA is in the course of deciding what approvals, waivers and modifications it should grant to firms as part of the process of bringing the …
The PRA's proposed new rules for insurers on pre-notification of capital instruments
The Prudential Regulation Authority is proposing to extend its rules about pre-issuance notification of capital (own funds) instruments. The proposed …
A "blot on English insurance law"
Insurers successfully avoided a policy on the grounds of inadvertent non-disclosure. The High Court commented on the different outcome that would have …
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