Category: insurance

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

Posted February 2nd, 2011 in financial regulation, insurance, law reports, warranties by sally

In re Digital Satellite Warranty Cover Ltd and others [2011] EWHC 122 (Ch); [2011] WLR (D) 28

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within para (b) of class 16 Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 1st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) – WLR Daily

Posted January 28th, 2011 in insurance, law reports, piracy, shipping law by sally

Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) [2011] EWCA Civ 24; [2011] WLR (D) 23

“A cargo seized by pirates and subsequently recovered after being ransomed by the shipowner was not ‘irretrievably lost’ within the terms of section 57(1) of the Marine Insurance Act 1906, even though some might regard the payment of a ransom as morally objectionable and it was something the owner was not required to do.”

WLR Daily, 27th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Banks launch PPI challenge in high court – The Guardian

Posted January 25th, 2011 in banking, complaints, consumer protection, insurance, news by sally

“High street banks will launch a high court challenge today against rules controlling their handling of complaints about payment protection insurance (PPI).”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

Insurance Contract Law – Law Commission

Posted December 17th, 2010 in contracts, insurance, press releases by sally

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 16th December 2010

Source: www.lawcom.gov.uk

Reforming insurance contract law – latest news – Law Commission

Posted November 19th, 2010 in consultations, contracts, insurance by sally

“We have published a summary of the responses to our Issues Paper 6 (Damages for Late Payment and the Insurer’s Duty of Good Faith).”

Full story

Law Commission, 18th November 2010

Source: www.lawcom.gov.uk

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others – WLR Daily

Posted October 20th, 2010 in asbestos, indemnities, industrial injuries, insurance, law reports by sally

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others [2010] EWCA Civ 1096; [2010] WLR (D) 256

“In any year in which an employee underwent substantial exposure to asbestos and subsequently developed mesothelioma, the mesothelioma was ’caused’ by the exposure during that year. An insurance policy which was worded to indemnify the employer against disease ’caused’ during employment thus responded to the mesothelioma. However, employers’ liability policies framed in terms of the employee suffering or sustaining an injury did not have the same effect. Employees did not suffer or sustain an injury within the meaning of the policies when they were exposed to asbestos. Injury was not suffered until the onset of malignancy, and policies with that type of wording did not indemnify the employer. Mesothelioma might also be ‘contracted’ when exposure occurred.”

WLR Daily, 19th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Gard Marine and Energy Ltd v Tunnicliffe and others – WLR daily

Posted October 8th, 2010 in conflict of interest, insurance, jurisdiction, law reports, news by sally

Gard Marine and Energy Ltd v Tunnicliffe and others [2010] EWCA Civ 1052; [2010] WLR (D) 242

 “Where, by reference to the Lugano Convention and art 6(1) of the Judgments Regulation, one was considering whether it was expedient to hear and determine claims within the jurisdiction order to avoid the risk of irreconcilable judgments resulting from separate proceedings, regard was to be had, inter alia, to the question whether the claims arose out of the same situation in law and fact.”

WLR Daily, 7th October 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ruling fails to halt confusion for asbestos sufferers – The Independent

Posted October 8th, 2010 in asbestos, compensation, industrial injuries, insurance, news by sally

“Victims of asbestos and their families face more ‘confusion and uncertainty’ today after a Court of Appeal ruling.”

Full story

The Independent, 8th October 2010

Source: www.independent.co.uk

Asbestos victims await compensation ruling – The Independent

Posted October 4th, 2010 in compensation, industrial injuries, insurance, news by sally

“Thousands of families bereaved by the asbestos cancer mesothelioma will discover this week whether insurance companies will compensate them for the deaths of their loved ones. The Court of Appeal will rule in a test case on Friday if insurers must pay out on company policies that existed when people were exposed to the deadly dust.”

Full story

The Independent, 3rd October 2010

Source: www.independent.co.uk

Three million in the queue for compensation over PPI mis-selling – The Guardian

Posted August 11th, 2010 in compensation, complaints, financial regulation, insurance, news, ombudsmen by sally

“Nearly three million people who took out payment protection insurance (PPI) sold by banks and other lenders could be in line for compensation totalling more than £2bn after the Financial Services Authority today issued new rules on how firms should handle the flood of complaints over mis-selling.”

Full story

The Guardian, 10th August 2010

Source: www.guardian.co.uk

Quinn Direct Insurance Ltd v The Law Society of England and Wales – WLR Daily

Posted July 16th, 2010 in disclosure, insurance, law reports, privilege, solicitors by sally
“There was no reason to imply into the statutory scheme for the regulation of solicitors any provision or term entitling or obliging the Law Society to produce to a qualifying insurer documents emanating from a firm of solicitors into which it had intervened which were subject to the privilege of a client of the firm. If the client consented or his privilege was impliedly waived by a claim against the solicitor then there was no reason why the Law Society, as it had done, could not produce such documents to the qualifying insurer.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

What price should policyholders pay for fraudulent insurance claims? – Law Commission

Posted July 9th, 2010 in bills, contracts, insurance, Law Commission, press releases, reports by sally

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 9th July 2010

Source: www.lawcom.gov.uk

Government overhaul of financial regulation creates dangers, say experts – OUT-LAW.com

Posted June 18th, 2010 in banking, financial regulation, insurance, news by sally

“Plans for the shake-up of financial services regulation announced by UK Chancellor George Osborne last night raise more questions than answers, according to banking and financial legal experts.”

Full story

OUT-LAW.com, 17th June 2010

Source: www.out-law.com

Insurers’ new code may add insult to personal injury lawyers – The Guardian

Posted June 15th, 2010 in compensation, insurance, legal profession, news, personal injuries, third parties by sally

“Personal injury lawyers and insurers are not the greatest of friends. Lawyers often see insurers as obstructive and just trying to weasel out of paying. Insurers see lawyers as equally obstructive and just trying to squeeze as much money as they can for themselves out of the compensation process.”

Full story

The Guardian, 15th June 2010

Source: www.guardian.co.uk

What will the Legal Services Board do about referral fees? – Law Society’s Gazette

Posted June 14th, 2010 in conveyancing, fees, insurance, Legal Services Board, news, personal injuries by sally

“Is the referral fee debate over? Two reports submitted recently to the Legal Services Board (LSB) would make one think that it is, even though the board itself has still to reach a final decision.”

Full story

Law Society’s Gazette, 14th June 2010

Source: www.lawgazette.co.uk

Race bias claim over insurance for minority ethnic lawyers – The Guardian

Posted June 7th, 2010 in insurance, news, race discrimination, solicitors by sally

“Black and minority ethnic lawyers are being refused compulsory insurance in what they describe as blatant race discrimination in the legal profession.”

Full story

The Guardian, 6th June 2010

Source: www.guardian.co.uk

Competition Commission confirms ban on point-of-sale PPI – The Guardian

Posted May 14th, 2010 in banking, competition, consumer protection, insurance, news by sally

“Watchdog rejects appeal, saying ruling will bring more choice and cheaper rates to payment protection insurance market.”

Full story

The Guardian, 14th May 2010

Source: www.guardian.co.uk

Risk of lawyer uninsurability ahead of SRA reform – The Lawyer

Posted May 10th, 2010 in insurance, solicitors, Solicitors Regulation Authority by sally

“Lawyers could become an uninsurable risk if the Solicitors Regulation Authority (SRA) fails to reform the professional indemnity (PI) insurance regulations.”

Full story

The Lawyer, 10th May 2010

Source: www.thelawyer.com

Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted April 20th, 2010 in appeals, corporation tax, insurance, law reports by sally

Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 394; [2010] WLR (D) 97

“In calculating the liability to corporation tax of an insurer in respect of its basic life and general annuity business, the taxpayer was entitled to relief in respect of losses incurred in past years, including years prior to 2003, when the law had been amended to make specific reference to the right to carry losses forward in respect of that type of business.”

WLR Daily, 16th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Third Parties (Rights against Insurers) Act 2010

Posted March 27th, 2010 in insurance, legislation, third parties by sally

Third Parties (Rights against Insurers) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk