Don’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 normally forgets in a hurry. However, a policyholder’s failure to disclose details of the claim made for that loss when proposing for insurance several years
Tagged under: , , , ,

Does 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 the fall-out for insurance brokers from the FCA test case yet to fully emerge (though anecdotal evidence suggests the volume of precautionary notifications are substantial),
Tagged under: , , ,

Insurtech 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 AGENTS, and all others who play a part in insurance have different roles and objectives, the push towards a digitally connected world has led to
Tagged under: , , ,

R (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 challenge, the Supreme Court has confirmed that the civil standard of proof applies to all Coroners’ Inquest suicide conclusions (whether short-form or narrative form), and
Tagged under: , , ,

FCA 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 Court handed down its judgment in the leapfrog appeal of the FCA Business Interruption Insurance Test Case (a link to our summary of the judgment
Tagged under: , , ,

FCA 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 business interruption insurance test case concluded. The FCA intends to resolve the uncertainty as to how business interruption insurance policies should respond to Covid-19 related
Tagged under: , ,

Covid-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, under which employers may apply for government grants equivalent to 80% of furloughed employees’ pay, has been a lifeline to firms in peril as a
Tagged under: , , ,

Supreme 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 Ltd v XYZ and set out helpful guidance as to circumstances in which liability insurers may be susceptible to non-party costs orders being made against
Tagged under: , ,

UK: Court of Appeal restates the law of fraudulent misrepresentation and the principle of transferred loss

Nederlandse Industrie Van Eiprodukten v RembrandtEnterprises Inc [2019] EXCA Civ 596 Court of Appeal restates the law of fraudulent misrepresentation and the principle of transferred loss This appeal raised two important issues in relation to fraudulent misrepresentation and the scope of the principle of ‘transferred loss’. Background The case arose out of the avian flu
Tagged under: , ,