Insurance fraud register launched to aid crackdown on fake claims – OUT-LAW.com

Posted September 14th, 2012 in data protection, fraud, insurance, news by sally

“Individuals that make false insurance claims will have their details added and stored on a new ‘Insurance Fraud Register’ (IFR) for five years in a bid by the insurance industry to crackdown on fraudsters.”

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OUT-LAW.com, 13th September 2012

Source: www.out-law.com

Wilkinson v Fitzgerald and Churchill Insurance Company Ltd; Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening – WLR Daily

Posted September 7th, 2012 in EC law, insurance, law reports, negligence, road traffic by sally

Wilkinson v Fitzgerald and Churchill Insurance Company Ltd: Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening: [2012] EWCA Civ 1166: [2012] WLR (D)  260

“Where an insured driver permitted an uninsured driver to use his motor vehicle in which he then was injured as a passenger, the insured as passenger was entitled to receive sums from a judgment against the negligent driver and would not automatically be excluded from the benefit of his compulsory insurance, but any recovery by the insurer in respect of that judgment must be proportionate and determined on the basis of the circumstances of the case.”

WLR daily, 24th August 2012

Source: www.iclr.co.uk

FSA calls for clampdown on sales commissions – BBC News

Posted September 5th, 2012 in banking, consumer protection, financial regulation, insurance, news by sally

“The UK’s financial watchdog will call for a clampdown later on commissions paid for selling insurance, loans and bank accounts.”

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BBC News, 5th September 2012

Source: www.bbc.co.uk

ABI sues over personal injury judgment that changes damages policy – The Lawyer

Posted September 3rd, 2012 in appeals, damages, insurance, news, personal injuries by sally

“The Association of British Insurers (ABI) is preparing to go into battle with the claimant lobby after the Court of Appeal (CoA) said damages should be raised by 10 per cent from April next year.”

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The Lawyer, 3rd September 2012

Source: www.thelawyer.com

House fire couple’s insurance battle over ‘occupancy’ – BBC News

Posted September 3rd, 2012 in complaints, financial advice, financial services ombudsman, fire, insurance, news by sally

“Not living full-time in your home can invalidate your insurance, as one couple found out when fire devastated their property during renovation work.”

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BBC News, 2nd September 2012

Source: www.bbc.co.uk

Asbestos cancer compensation scheme is ‘too limited and too late’ for victims – The Guardian

“A scheme to compensate victims of asbestos cancer will not come into force for two years, so many will die before receiving any money, the government is being warned.”

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The Guardian, 19th August 2012

Source: www.guardian.co.uk

Government considers extension of winding up powers beyond banks – OUT-LAW.com

Posted August 6th, 2012 in banking, consultations, EC law, government departments, insurance, news, winding up by sally

“The Government is seeking views on whether to extend its existing powers to stabilise or wind up ‘systemically important’ large banks to other vital financial services functions such as investments and insurance.”

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OUT-LAW.com, 6th August 2012

Source: www.out-law.com

Insurers seek claims legislation reform following UK riots – The Guardian

Posted August 2nd, 2012 in insurance, news, police, violent disorder by sally

“A year after the UK riots, insurers have called on the government to reform legislation relating to claims for riot damage after more than half the claims they submitted to police authorities were declined.”

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The Guardian, 2nd August 2012

Source: www.guardian.co.uk

Arbitration News: Sulamerica – the law governing an agreement to arbitrate – Hardwicke Chambers

Posted July 27th, 2012 in arbitration, conflict of laws, injunctions, insurance, news by sally

“In Sulamerica Cia Nacional De Seguros S.A. v Enesa Engenharia S.A. [2012] EWCA Civ 638 the Court of Appeal explored (amongst other things) the question of how the law governing an arbitration agreement in the absence of express choice is to be determined.”

Full story

Hardwicke Chambers, 18th July 2012

Source: www.hardwicke.co.uk

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV – WLR Daily

Posted July 23rd, 2012 in airlines, consumer protection, EC law, insurance, law reports by sally

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV: (Case C-112/11);  [2012] WLR (D)  217

“The concept of  ‘optional price supplements’, referred to in the last sentence of article 23(1) of Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, covered costs connected with the air travel, arising from services, such as flight cancellation insurance, supplied by a party other than the air carrier and charged to the customer by the person selling that travel, together with the air fare, as part of a total price.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another – WLR Daily

Posted July 23rd, 2012 in appeals, costs, insurance, law reports, taxation, trials by sally

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another: [2012] EWCA Civ 987;  [2012] WLR (D)  216

“References to ‘proceedings’ in section 29 of the Access to Justice Act 1999 should be interpreted so as to reflect the legislative purpose, namely to improve access to the courts for members of the public with meritorious claims. Where a claimant took out ATE insurance after having succeeded at trial he would be entitled if successful in the appeal to recover in costs that part of the ATE premium relating to the costs of the appeal, but it would be unfair to allow him to recover in costs that part of the premium which related to the costs of the trial.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Lawyers must do better – The Guardian

Posted July 19th, 2012 in fees, insurance, law firms, legal profession, news by sally

“Legal insurance and conditional and fixed-fee arrangements aren’t serving people’s best interests.”

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The Guardian, 19th July 2012

Source: www.guardian.co.uk

FSA finds banks guilty of mis-selling to small firms – BBC News

Posted June 29th, 2012 in banking, financial regulation, insurance, news, small businesses by sally

“The Financial Services Authority says banks mis-sold specialist insurance known as interest rate swaps tied to thousands of small businesses.”

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BBC News, 29th June 2012

Source: www.bbc.co.uk

Proposed new law would make it harder for insurers to avoid contracts – OUT-LAW.com

Posted June 28th, 2012 in consultations, contracts, insurance, news by sally

“Proposed changes to insurance law for businesses could make it harder for insurers to avoid contracts where a company does not disclose “every material circumstance” when taking out a policy.”

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OUT-LAW.com, 27th June 2012

Source: www.out-law.com

Reforming the duty of disclosure in business insurance, and bringing the law on warranties up to date – Law Commission

Posted June 26th, 2012 in consultations, disclosure, insurance, news, warranties by sally

“In a consultation opening today, the Law Commission and Scottish Law Commission are proposing a new law to make clear what businesses must tell insurers when they buy insurance.”

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Law Commission, 26th June 2012

Source: www.lawcommission.justice.gov.uk

John Worboys victims in damages case setback – BBC News

“Victims of black cab rapist John Worboys have lost a crucial step in their High Court battle for damages.”

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BBC News, 25th June 2012

Source: www.bbc.co.uk

Court ruling could force motor insurance premiums to rise by 25pc – Daily Telegraph

Posted June 18th, 2012 in accidents, insurance, news, repairs, road traffic by sally

“Customers could face yet more hikes in their car insurance after a court ruling that experts fear could lead to minor repairs costing 25pc more.”

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Daily Telegraph, 15th June 2012

Source: www.telegraph.co.uk

OFT refers ‘dysfunctional’ car insurers to Competition Commission – Daily Telegraph

Posted May 31st, 2012 in competition, consumer protection, insurance, news by sally

“The Office of Fair Trading (OFT) has provisionally decided to refer the private motor insurance market to the Competition Commission after it found evidence that insurers compete in a ‘dysfunctional way’ that pushes up premiums by £225m a year.”

Full story

Daily Telegraph, 31st May 2012

Source: www.telegraph.co.uk

How Elvis CD trapped man who faked his own death for £850,000 – Daily Telegraph

Posted May 29th, 2012 in extradition, fraud, insurance, news, sentencing by sally

“A father of four who faked his own death to claim more than £850,000 in insurance was caught when a friend attempted to use his HMV staff discount card to buy an Elvis CD, a court heard.”

Full story

Daily Telegraph, 28th May 2012

Source: www.telegraph.co.uk

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others – WLR Daily

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others [2012] EWCA Civ 638; [2012] WLR (D) 148

“Where a commercial contract contained a choice of law clause exclusively in favour of one country and a jurisdiction clause giving the courts of the same country exclusive jurisdiction, but an arbitration clause by which the seat of the arbitration was to be in a different country, the issue of the proper law of the arbitration clause was a matter of contractual interpretation. The proper law depended on all the terms of the particular contract, when read in the light of the surrounding circumstances and commercial common sense.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk