Court of Appeal affirms the importance of clear drafting In Bellini (N/E) Ltd trading as Bellini v Brit UW Limited [2024] EWCA Civ 435 (see the judgment here), the Court...
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Bellini (N/E) Ltd (t/a Bellini) v. Brit UW Ltd
November 4, 2024Norman Hay plc v Marsh Ltd
In Norman Hay plc v Marsh Ltd [2024] EWHC 1039 (Comm), in the context of a summary judgment application, the High Court considered the correct approach when determining a claim...
July 18, 2024Comparative law report on judicial expertise for Europe and UK
A number of the European Insuralex members have once again joined forces to draft an interesting comparative legal report on judicial expert law in Europe and the United Kingdom. A...
April 23, 2024The importance of being earnest…
Insuralex UK (CPB) successfully represented a Greek insurer in the High Court, where the judgment underlines the importance of ensuring an expert guards against becoming a party’s advocate. The full...
December 4, 20232023 Insuralex London insurance seminar and reception
NUCLEAR VERDICTS TERRORISM IN PUBLIC VENUES The latest developments from both sides of the pond … Hosted by our Exclusive Member in the UK (Carter Perry Bailey LLP) and our...
October 3, 2023Court explains the purpose of W&I cover
Buyer denied cover after specialty bakery merger turned sour … Background The Commercial Court recently considered a claim made against a Buyer’s Side Warranty and Indemnity Policy in Finsbury...
September 1, 2023Cyber attack not within war exclusion
Cyber attack not within war exclusion Appellate Division of the Superior Court of New Jersey decides the 2017 NotPetya malware attack did not fall within the ‘hostile or warlike’ acts...
June 30, 2023Etroy v Speechly Bircham – From when does Limitation run?
3, 2, 1 go – From when does Limitation run?The High Court provides guidance of the ‘knowledge’ required under section 14A of the Limitation Act 1980. Section 14A of the...
April 4, 2023Does a Blockchain Developer owe Fiduciary Duties?
While blockchain networks continue to evolve rapidly, the legal framework managing the associated risks is only just emerging. The Court of Appeal has recently considered whether developers of networks that...
March 2, 2023Navigating the jungle – developing AI regulation
Developments in technology are creating exciting opportunities across the financial sector. Regulators are considering how to support this, whilst ensuring sound regulation is in place. The use of Artificial Intelligence...
January 31, 2023Right to be forgotten for cancer survivors
In February 2022, the European Parliament called on EU Member States to introduce a “right to be forgotten” for cancer survivors, in their Member State legislation by the end of 2025,...
December 15, 2022Stonegate Pub Limited v MS Amlin, Liberty and Zurich, Various Eateries v Allianz UK and Greggs v Zurich
Stonegate Pub Limited v MS Amlin, Liberty and Zurich, Various Eateries v Allianz UK and Greggs v Zurich The Commercial Court has handed down its judgment in the three related...
November 7, 20222022 European Motor vehicle injury claim report
Personal claims coming from traffic accidents is another report by the European Insuralex group. Lawyers from several European countries have compared the different legal systems for personal claims from traffic...
October 27, 2022A warning to claimants to act promptly against insolvent defendants
Court finds in favour of Insurers on the issue of limitation for direct claims brought under the Third Parties (Rights against Insurers) Act 2010 In the cross field between Civil...
October 17, 2022Reinsurance Round-Up – September 2022
Reinsurance Round-Up – September 2022 The UK’s exit from the EU continues to impact legal developments in 2022. The Financial Services and Markets Bill, introduced to Parliament on 20 July...
September 14, 2022Meet us at the 64th Monte Carlo Rendez-vous!
International Members will be attending the 64th Rendez-vous de Septembre from 11 to 14 September 2022 and are very much looking forward to meeting old and new friends at one...
August 2, 2022Bankers in a jam: The Quincecare duty considered
During the first half of 2022, two cases have considered the application of Quincecare duties. The Court of Appeal handed down its judgment in Philipp v Barclays Bank UK plc...
July 26, 2022Carter Perry Bailey LLP win Insuralex Article of the Year Award
Stephen Carter, Carter Perry Bailey’s Managing Partner, remarked: “I was delighted to receive the Insuralex Article of the Year Award on behalf of Carter Perry Bailey LLP at the...
July 11, 2022Quadra Commodities S.A. v XL Insurance & Ors [2022]
High Court guidance in relation to insurable interests and liability for late payment of an indemnity On 4 March 2022, the High Court handed down judgment in the case of Quadra...
May 31, 2022It’s War – But not as we know it?
As warfare has evolved, has the insurance industry provided an adequate response? At any point in time there will be war and hostilities taking place somewhere in the world. War-...
May 10, 2022Inability to continue the family relationship as a basis for a motor vehicle insurance claim.
Claims arising out of motor vehicle accidents have been discussed by the insurance community and insurance lawyers for many years. Despite the fact that there has been some unification in...
April 26, 2022Use of Smart Contracts
Background Awareness of distributed ledger technology (“DTL”) (also sometimes referred to as block chain technology) has increased in recent times, even if its purpose is not (yet) fully understood. DTL...
April 21, 2022Insuralex international webinar: Future fit insurance solutions for disaster events – where do you currently stand?
Please join Insuralex for a discussion on global insurance industry developments following the pandemic with a focus on disaster-related insurance cover. Our team of experts from South Africa, London and New York ...
April 20, 2022See you in Court!
Overseas witnesses should anticipate attending English Court hearings in person as pandemic subsides. Two recent English High Court decisions provide guidance on the minimum requirements to obtain the Court’s permission...
March 21, 2022Insuralex Report: Class Action systems in Europe
At the moment, there is quite a diverse legal landscape of different kinds of “class action” in Europe. While some countries do not provide a ‘class action system’ at all,...
February 3, 2022Reinsurance Round-Up 2021
Reinsurance Round-Up 2021 The all-pervading topic of conversation, worldwide, over the last year has been Covid-19. Much has been written about insurance coverage and there has been litigation in many...
January 17, 2022Foreign accident claims – has the Supreme Court opened the door to floods of claims?
Foreign accident claims – has the Supreme Court opened the door to floods of claims? The Supreme Court handed down judgment in FS Cairo (Nile Plaza) LLC v Brownlie [2021]...
December 15, 2021Proposing for insurance – a question open to interpretation?
A reminder of when insurers can(not) exercise their entitlement to avoid The High Court has, in its judgment in Ristorante Ltd t/a Bar Massimo v Zurich Insurance plc [2021] EWHC...
November 26, 2021A new scope/purpose of duty test in professional negligence cases
A summary of the Supreme Court judgment in Manchester Building Society v Grant Thornton UK LLP On 18 June 2021, the Supreme Court handed down a landmark judgment in...
October 6, 2021Legal obligations when Holidaymaker attacked by Hotel Employee
Holidaymaker succeeds in appeal to Supreme Court for compensation against her UK package travel organiser following ‘broad view’ approach that hotel employee’s guiding actions were ancillary services and not within...
August 31, 2021Don’t count on cover if diamonds aren’t forever…
Remedies for misrepresentation – Jones v Zurich Insurance Plc The loss of a diamond, with a value of £15,000, from a ring is not the sort of thing that one...
August 16, 2021For the Heart of Everything Football !!
Helen Tilley and Robert Harrison of our Exclusive Member in UK, CPB, discuss recent research on cardiac risks associated with playing football. Following a recent 10 year study of UK...
July 22, 2021Does a broker owe a ‘duty to nanny’?
A summary of the case of ABN Amro Bank N.V. v Royal & Sun Alliance plc and 13 Underwriters and Edge Brokers (London) Limited. With the nature and extent of...
June 2, 2021Insurtech in Claims: Faster, better, cheaper
Insuralex´s Exclusive member in UK (Carter, Perry Bailey) and Insuralex´s Sponsor (Lowers Forensics International) provide a summary of key developments related to Insurtech and Insurance Claims. THOUGH INSURERS, BROKERS, MANAGING...
May 6, 2021COVID-19 – ONE YEAR ON: Insurance implications
We reflect on the past year – and look at what is next for event cancellation, travel and life/protection insurers On 23 March 2021, the UK marked the anniversary of...
April 13, 2021R (Maughan) v HM Senior Coroner for Oxfordshire
Supreme Court confirms that Coroners’ Inquests shall apply the lower civil standard of proof to all forms of Inquest conclusions of suicide and unlawful killing In this long-running Judicial Review...
March 24, 2021Does a failure to mediate inevitably lead to costs sanctions?
A summary of the case of Patel & Ors v Barlows & Ors [2020] EWHC 2795 (Ch) In our previous article, Mark Aizlewood and Dean De Cesare considered recent case...
March 1, 2021FCA Business Interruption Insurance Test Case
FCA business interruption insurance test case – Supreme Court judgment A summary of the Supreme Court judgment in the FCA business interruption insurance test case On 15 January 2021, the Supreme...
January 28, 2021#InsuranceLaw Round up of 2020
Notwithstanding the significant lockdown period during the second quarter of the year, as well as the continuing restrictions that have been imposed since then, the courts have continued to operate....
January 7, 2021FCA Business Interruption Insurance Test Case – the Judgment
A summary of the judgment in the FCA business interruption insurance test case Following the 8-day hearing of the FCA business interruption insurance test case, which commenced on 20 July...
September 21, 2020FCA business interruption insurance test case – a recap as we await judgment
A summary of the background to the test case and the keys issues following the conclusion of the hearing On 30 July 2020, the High Court hearing of the FCA’s...
September 4, 2020Covid-19: Furlough FAQs
ONE MILLION businesses are using the Coronavirus Job Retention Scheme to fund the wages of 7.5 million employees at a cost to the government of £12bn a month. The scheme,...
June 1, 2020Morrisons v Various Claimants (1 April 2020) Supreme Court
Judgment regarding application of vicarious liability test in Class Action against employer in context of malicious data use Supreme Court corrects misunderstanding of lower Courts’ interpretation of vicarious liability test...
April 27, 2020Covid-19: Some reinsurance perspectives
One hundred years after the Spanish flu pandemic, Marsh and Munich Re, in May 2018, launched an innovative parametric insurance product, PathogenRX. This provided insurance against business interruption caused by...
April 24, 2020Covid-19: Insurance Implications
Life, travel and event cancellation insurers closely engage in the rapidly unfolding global development of COVID-19 and prepare for the next few months. CPB Partner, Helen Tilley, comments on the...
April 23, 2020COVID-19: Insurance Implications
Insuralex´s exclusive member in the UK comments on the insurance implications alongside local perspectives from Insuralex network member law firms in Italy, France, Spain and Japan Life, travel and event...
March 11, 2020ARTIFICIAL INTELLIGENCE: WHERE DO THE CLAIMS FALL?
Amazon Go Grocery, the first full ‘cashier-less’ supermarket, opened in Capitol Hill this week. With the increase in the use of Artificial Intelligence and computers carrying out roles that had...
March 4, 2020Supreme Court decision restricts Insurers’ exposure to non-party costs orders
Travelers Insurance Ltd v XYZ Supreme Court decision restricts Insurers’ exposure to non-party costs orders On 30 October 2019, the Supreme Court handed down its decision in Travelers Insurance Co...
November 26, 2019(Re)Insurance Round-up 2019
DEVELOPMENTS IN THE LAST YEAR Brexit: It might be said that this does not sit well under the heading “Developments”, as we seem no wiser than we were a year...
October 31, 2019Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited
Reinstating Reinstatement Can an insured claim under its property damage policy for the reinstatement cost of a property that had not actually been reinstated and, if so, should the reinstatement...
October 14, 2019
