Insurance insight

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  • Simply the best?

    Author: Sharlmaine Willets

    提交: 13 December 2017

    Declaration granted that defendant reinsurers liable to claimant insurers despite no evidence of reinsurance policy documents. A useful reminder of the application of the best evidence rule, and the operation of the s. 29(5) “acknowledgment of liability” trigger for extending limitation periods.

  • Reimbursement of defence costs if claim not covered by policy

    Author: Sharlmaine Willets

    提交: 08 December 2017

    Oldham v QBE Insurance (Europe) Ltd [2017] EWHC 3045 (Comm): Under the ICAEW minimum terms, an insured who is unsuccessful in a coverage dispute must reimburse insurers for defence costs.

  • Trouble in the supply chain: sub-contractor insolvency

    Author: Jonathan Spencer

    提交: 10 November 2017

    ​This blog post considers some practical implications from an insurance angle. In September 2017, the UK construction industry contracted for the first time in over a year. With Brexit delaying some investment plans, there is also a degree of uncertainty in the industry, and, of course, the risk that some construction companies may be forced into insolvency.

  • Construing insurance policy exclusions - plain and simple?

    提交: 27 October 2017

    This blog post looks at the first instance decision in Crowden v QBE Insurance (Europe) Ltd [2017] EWHC 2597 (Comm) applying the approach to exclusion clauses in insurance policies set out in the Supreme Court decision of Impact Funding Solutions v Barrington Support Services [2016] UKSC 57; [2017] AC 73.

  • Standards of care in construction contracts: What did the Supreme Court have to say?

    提交: 05 October 2017

    This blog post looks at our recenet Breakfast Briefing on “Standards of Care in Construction Contracts” with particular reference to the recent Supreme Court decision in MT Højgaard A/S v E.On Climate & Renewables UK [2017] UKSC 59.

  • The order of losses - how does your liability stack up?

    提交: 05 September 2017

    The Court of Appeal held in Berkley v Teal [2017] EWCA Civ 25 that paying sums into escrow pursuant to a compromise agreement did not give rise to an insured loss. Liability was not yet “ascertained”, as putting money aside which could be used to make compensatory payments was not the same as paying damages pursuant to a legal obligation.

  • Insurers' duty to speak

    提交: 18 August 2017

    This blog post discusses how the Court of Appeal considers, for the first time, the circumstances in which insurers may have a duty to tell an insured that its actions or omissions during the claims process may jeopardise a claim.

  • Individual accountability: Extending the Senior Managers and Certification Regime to insurers

    Author: Kirsty Oliver

    提交: 10 August 2017

    This insurance blog post looks at the proposed extension of the Senior Managers and Certification Regime to insurance companies which potentially impacts anyone working in a business unit at an insurer.

  • Fitness for purpose: a reminder for contractors and construction professionals

    提交: 09 August 2017

    We look at the case of Mt Højgaard v E.On, where the Supreme Court has overturned the Court of Appeal, which had previously overturned the first instance TCC decision. It held that a fitness for purpose obligation was clear to its effect and imposed a duty on the contractor.

  • Extension of the Senior Managers Certification Regime - implications for insurers and for the D&O market

    提交: 04 August 2017

    The FCA and the PRA have recently published consultation papers on the extension of the Senior Managers and Certification Regime (SM&CR) to insurers (FCA: CP 17/26 and PRA: CP14/17).

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