Tonicstar Insurance Ltd v Allianz Insurance PLC [2018] EWCA Civ 434 – 4 New Square

Posted March 20th, 2018 in appeals, arbitration, insurance, news by sally

‘In Tonicstar v Allianz the Court of Appeal overturned the decision of Teare J at first instance and, in turn, the decision of Morison J in X Company v Y Company (17 July 2000) as to the meaning of a common form of insurance arbitration agreement.’

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4 New Square, 14th March 2018

Source: www.insurancelaw.london

Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc [2018] EWCA Civ 317 – 4 New Square

Posted March 20th, 2018 in appeals, health, insurance, news by sally

‘In Spire Healthcare, the Court of Appeal (Sir Geoffrey Vos and Simon LJ) heard an appeal to determine whether the policy of combined liability insurance aggregated the limits of cover. Graham Eklund QC of 4 New Square successfully represented Royal and Sun Alliance Insurance plc. The Court’s decision is considered by Ben Smiley of 4 New Square.’

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4 New Square, 9th March 2018

Source: www.insurancelaw.london

The clock starts ticking – Gauke publishes Civil Liability Bill – Legal Futures

Posted March 20th, 2018 in bills, compensation, insurance, news, personal injuries by sally

‘Justice Secretary David Gauke today finally published the Civil Liability Bill, which the government said “offered hope” of lower insurance premiums to millions of motorists by reducing the “unacceptably high number of whiplash claims”.’

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Legal Futures, 20th March 2018

Source: www.legalfutures.co.uk

The ‘MV Renos’ [2018] EWCA Civ 230 – 4 New Square

Posted March 16th, 2018 in insurance, news, repairs, shipping law by sally

‘In the ‘MV Renos’ the Court of Appeal had to determine whether the Respondents (“Owners”) had lost the right to abandon the vessel and claim that it was a constructive total loss (“CTL”).’

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4 New Square, 21st February 2018

Source: www.insurancelaw.london

Nesbit Law Group LLP v Acasta European Insurance Company Limited [2018] EWCA Civ 268 – 4 New Square

Posted March 16th, 2018 in exclusion clauses, indemnities, insurance, news by sally

‘In Nesbit Law Group LLP the Court of Appeal had to determine the proper construction of an exclusion clause in a series of Fidelity Guarantee Indemnity policies and whether the insurer should be permitted to amend its defence (the application having been made weeks before the hearing of the appeal) to allege various breaches of a loan agreement by insured which breaches were necessary for the insured to be caught by the exclusion clause.’

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4 New Square, 23rd February 2018

Source: www.insurancelaw.london

Jailed Grenfell Tower fraudster claimed missing husband was miraculously discovered in a cave – Daily Telegraph

Posted March 16th, 2018 in fire, fraud, insurance, news by tracey

‘A woman posing as a widow from Grenfell Tower pretended her “dead” husband had been miraculously found in a cave as part of a £19,000 fraud.’

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Daily Telegraph, 16th March 2018

Source: www.telegraph.co.uk

Organised criminals stealing identities of dead people to get cheaper car insurance – Daily Telegraph

Posted February 26th, 2018 in identity fraud, insurance, news by tracey

‘Organised criminals and fraudsters are stealing the identities of dead people in order to get cheaper car insurance, it has emerged.’

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Daily Telegraph, 24th February 2018

Source: www.telegraph.co.uk

The countdown begins: Whiplash reforms to be introduced in April 2019 – Legal Futures

Posted February 13th, 2018 in insurance, news, personal injuries, road traffic by sally

‘The government plans to introduce its whiplash reforms in April 2019, it emerged today [12 February].’

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Legal Futures, 12th February 2018

Source: www.legalfutures.co.uk

Rich couple’s divorce battle a waste of time, says UK judge – The Guardian

Posted February 5th, 2018 in arson, divorce, insurance, news by sally

‘A divorce battle between a couple who have spent almost £2m on lawyers’ fees while fighting over assets worth £6.6m at most, has been described as a “scandalous waste of court time” by a judge.’

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The Guardian, 2nd February 2018

Source: www.theguardian.com

Law Society joins battle over whether third-party capture insurer still has to pay solicitors’ costs – Litigation Futures

Posted January 29th, 2018 in appeals, costs, insurance, Law Society, news, solicitors by sally

‘The Law Society has been granted permission to intervene in the Supreme Court’s hearing of a case that made a major strike against the practice of third-party capture in personal injury.’

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Litigation Futures, 29th January 2018

Source: www.litigationfutures.com

PRA proposes less stringent insurance regulatory reporting requirements – OUT-LAW.com

Posted January 16th, 2018 in consultations, EC law, insurance, news by sally

‘Plans to reduce regulatory reporting restrictions for UK insurers and mutuals under the Solvency II Directive have been published by the Prudential Regulation Authority (PRA).’

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OUT-LAW,.com, 15th January 2018

Source: www.out-law.com

Data Breaches, Vicarious Liability of Employers & the Impact on the Insurance Industry – Six Pump Court

Posted January 9th, 2018 in data protection, employment, insurance, news by sally

‘The recent judgment in the Morrisons case Various Claimants and WM Morrisons Supermarket PLC concerning the vicariously liability of employers for the actions of employees involved in breaches of data is potentially highly significant for the insurance industry – both for the insurer and the insured.’

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Six Pump Court, 8th January 2018

Source: www.6pumpcourt.co.uk

Pre-action disclosure of insurance policies – Law Society’s Gazette

‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’

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Law Society's Gazette, 8th January 2018

Source: www.lawgazette.co.uk

Court of Appeal dismisses challenge to finding that law firm made dishonest costs claims – The Guardian

Posted December 19th, 2017 in appeals, costs, fraud, insurance, law firms, news by sally

‘The Court of Appeal has rejected a Leeds law firm’s challenge to a ruling that it submitted a series of dishonest costs claims.’

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Litigation Futures, 18th December 2017

Source: www.litigationfutures.com

High Court criticises regional costs judge for second-guessing ATE insurer – Litigation Futures

Posted December 19th, 2017 in appeals, costs, insurance, judges, news by sally

‘A regional costs judge was “quite wrong” to assume that “his underwriting skill was better than that of the underwriter” and slashing an after-the-event insurance premium by 85%, the High Court has ruled.’

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Litigation Futures, 18th December 2017

Source: www.litigationfutures.com

Broker fined £4m by FCA over ‘truly independent’ claim – OUT-LAW.com

Posted December 13th, 2017 in financial regulation, fines, insurance, news, subsidiary companies by sally

‘An insurance broker has been fined over £4 million by the Financial Conduct Authority (FCA) for failing to adequately manage potential conflicts of interest involving its parent company.’

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OUT-LAW.com, 12th December 2017

Source: www.out-law.com

Can Insurance Provide Security for Costs? – Premier Motorauctions Ltd (In Liquidation) and Another v PriceWaterhouseCoopers LLP & Another – Zenith PI Blog

Posted December 4th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.’

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Zenith PI Blog, 1st December 2017

Source: zenithpi.wordpress.com

High Court: Barristers may be entitled to lien but legal expenses insurers are not – Litigation Futures

Posted December 4th, 2017 in barristers, insurance, interest, news, remuneration by sally

‘Barristers may now be entitled to same lien that solicitors can have over the proceeds of litigation, the High Court has suggested, as it ruled that legal expenses insurers do not.’

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Litigation Futures, 4th December 2017

Source: www.litigationfutures.com

Regulators toughen expectations on financial services firms’ Brexit preparations – OUT-LAW.com

Posted November 29th, 2017 in brexit, EC law, financial regulation, insurance, news, pensions by sally

‘The European Insurance and Occupational Pensions Authority (EIOPA) has warned UK financial firms that they should not rely on leniency from local regulators in the EU if the UK exits the trading bloc without a deal on the cross-border provision of financial services provision in place.’

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OUT-LAW.com, 28th November 2017

Source: www.out-law.com

Court of Appeal rejects NHS challenge to taking out clinical negligence ATE at start of case – Litigation Futures

Posted November 29th, 2017 in costs, expert witnesses, insurance, negligence, news by sally

‘Clinical negligence claimants can continue to take out after-the-event (ATE) insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.’

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Litigation Futures, 28th November 2017

Source: www.litigationfutures.com