Insurer not entitled to hold back evidence of potential PI fraud – Legal Futures

Posted January 8th, 2024 in damages, disclosure, fraud, insurance, news, personal injuries by tracey

‘An insurer was not entitled to hold back evidence that a claimant was a friend of the owner of the vehicle he collided with, hoping the claimant would lie about it in his witness statement, the High Court has held.’

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Legal Futures, 8th January 2024

Source: www.legalfutures.co.uk

Hitler partly to blame for 2021 blast damage, Court of Appeal confirms – Law Society’s Gazette

Posted December 19th, 2023 in explosives, insurance, news, war by tracey

‘A judge was correct to find that damage caused by the detonation of a 79-year-old German bomb was the fault of the Luftwaffe and not a 2021 bomb disposal squad, the Court of Appeal has ruled. In University of Exeter v Allianz Insurance plc, three judges led by Lord Justice Coulson dismissed an appeal by the University of Exeter against a High Court ruling earlier this year over a denied insurance claim for damage caused.’

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Law Society's Gazette, 18th December 2023

Source: www.lawgazette.co.uk

MoJ identifies where, but not why, OIC cases are being delayed – Legal Futures

Posted November 30th, 2023 in delay, electronic filing, insurance, Ministry of Justice, news, personal injuries by sally

‘The period between a liability decision and the insurer making a first offer is where the ever-lengthening delays in the Official Injury Claim (OIC) portal are occurring, the Ministry of Justice (MoJ) said yesterday.’

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Legal Futures, 30th November 2023

Source: www.legalfutures.co.uk

Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette

Posted November 17th, 2023 in appeals, disclosure, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’

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Law Society's Gazette, 16th November 2023

Source: www.lawgazette.co.uk

Reassurances, Assurances or Uncertainties? – Hailsham Chambers

Posted November 15th, 2023 in appeals, chambers articles, insurance, jurisdiction, news by sally

‘In this case note Simon Howarth KC discusses the CoA’s review of R (Assurant) V FOS [2023] EWCA Civ 1049 and the jurisdiction issues that arose as a result.’

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Hailsham Chambers, 5th October 2023

Source: www.hailshamchambers.com

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

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Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Are there any circumstances in which professional indemnity insurers will indemnify insured persons in respect of a loss of fees? – Hailsham Chambers

Posted October 19th, 2023 in chambers articles, fees, indemnities, insurance, news, Northern Ireland, solicitors by sally

‘This was the broad question which confronted the Court of Appeal in RSA v. Tughans [2023] EWCA Civ 999, and the unanimous answer was Yes. The case is of interest both because of the result and because of the importance accorded by the Court to the policy underlying compulsion on professionals to have at least a specified minimum level of professional indemnity insurance.’

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Hailsham Chambers, 4th September 2023

Source: www.hailshamchambers.com

The developing use of estoppel in the successful pursuit of claims against insurers – 4 New Square

Posted October 3rd, 2023 in chambers articles, estoppel, insurance, news by sally

‘4 New Square Chambers’ Carola Binney explores the developing use of estoppel in the successful pursuit of claims against insurers.’

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4 New Square, 28th September 2023

Source: www.4newsquare.com

Evidence “does not back up” insurer claims of ‘hiplash’ and ‘wristlash’ – Legal Futures

Posted September 26th, 2023 in accidents, compensation, insurance, news, personal injuries, road traffic by sally

‘Insurer assertions that the number of mixed injury cases has risen dramatically since the launch of the Official Injury Claim (OIC) portal are not borne out by the evidence, it was argued last week.’

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Legal Futures, 25th September 2023

Source: www.legalfutures.co.uk

Five companies fined £590,000 for making almost 2 million marketing calls targeting vulnerable people – The Independent

Posted September 21st, 2023 in advertising, elderly, fines, insurance, news, telecommunications by sally

‘Five companies have been fined a total of £590,000 for collectively making 1.9 million unwanted marketing calls to elderly and vulnerable people.’

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The Independent, 21st September 2023

Source: www.independent.co.uk

Insolvent insurer’s policyholders fail in claim over unpaid legal costs – Legal Futures

Posted September 14th, 2023 in compensation, costs, insolvency, insurance, news by tracey

‘The Financial Services Compensation Scheme (FSCS) does not have to compensate policyholders for the legal costs they were awarded after taking legal action against an insurer that became insolvent before paying them, the Court of Appeal has ruled.’

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Legal Futures, 14th September 2023

Source: www.legalfutures.co.uk

Breakdown of medical agency costs ‘irrelevant’, court finds – Law Society’s Gazette

Posted June 12th, 2023 in compensation, costs, expert witnesses, insurance, news, personal injuries by tracey

‘An experienced district judge has ruled it is “irrelevant” how medical reporting costs are broken down, as the debate over non-party disclosure takes another turn.

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Law Society's Gazette, 12th June 2023

Source: www.lawgazette.co.uk

NEWS Hybrid claims appeal given permission to be heard in Supreme Court – Law Society’s Gazette

‘Multiple-injury motor claims with a bearing on thousands of other cases will be tested in the Supreme Court, it was confirmed today.’

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Law Society's Gazette, 7th June 2023

Source: www.lawgazette.co.uk

Couple get payout after water buffaloes fall into Essex swimming pool – The Guardian

Posted May 22nd, 2023 in animals, compensation, damages, insurance, news by tracey

‘An Essex couple have spent 10 months seeking compensation after 18 escaped water buffaloes stampeded through their garden, with eight of them taking a morning dip in their new swimming pool.’

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The Guardian, 20th May 2023

Source: www.theguardian.com

Sunderland: brothers jailed over £2m Ehic scam – The Guardian

Posted May 16th, 2023 in computer crime, fraudulent trading, health, insurance, news, sentencing by sally

‘Two brothers have been jailed for defrauding £2m from “unsuspecting, ordinary, busy” people who were tricked into thinking they needed to pay for European health insurance cards (Ehics).’

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The Guardian, 15th May 2023

Source: www.theguardian.com

4 New Square Chambers Insurance Law Review – Spring 2023 – 4 New Square

‘In our spring 2023 insurance law review we look at cases across a range of areas with no standout theme. We review cases ranging from Covid 19 business interruption claims to recovery of professional fees; from reservation of rights to subrogation; from insurable interest to damages for late payment. We look at cases on the Third Parties (Rights Against Insurers) Acts 1930 and 2010, aggregation and exclusion clauses. And we note the continuing lack of significant case law on presentation of risk under the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.’

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4 New Square, 28th March 2023

Source: www.4newsquare.com

Owen v Black Horse Limited [2023] EWCA Civ 325 – No Strike Out Despite the Claimant’s Absence at Trial – Pump Court Chambers

‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’

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Pump Court Chambers, 29th March 2023

Source: www.pumpcourtchambers.com

Insurer wins court fight over University of Exeter bomb damage claim – BBC News

Posted March 23rd, 2023 in explosives, insurance, news, universities, war by tracey

‘An insurance company has won a High Court fight over its refusal to pay out on a claim for damage caused by the disposal of a World War Two bomb.’

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BBC News, 22nd March 2023

Source: www.bbc.co.uk

Boy, 14, sentenced for causing death after crashing into woman with e-scooter – The Guardian

‘A 14-year-old boy has been sentenced for causing the death of a woman after colliding with her while riding a private e-scooter on the pavement.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

Insurers ask for Supreme Court to hear mixed injury cases – Law Society’s Gazette

Posted February 21st, 2023 in insurance, news, personal injuries, small claims, Supreme Court by tracey

‘Insurers are seeking to challenge a key ruling on damages for mixed injury cases in the Supreme Court, it emerged today. The Association of British Insurers (ABI) said it has sought permission to appeal the rulings in Briggs and Rabot that were handed down last month by the Court of Appeal. The trade body is understood to be heartened by the dissenting judgment of master of the rolls Sir Geoffrey Vos and believes there are wider policy grounds at stake that the Supreme Court should consider.’

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Law Society's Gazette, 20th February 2023

Source: www.lawgazette.co.uk