Category: insurance

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd [2009] EWHC 999 (Ch); [2009] WLR (D) 156

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd – WLR Daily

Posted May 19th, 2009 in EC law, insurance, law reports, VAT by sally

“Companies which offered introductory services, in order to channel would-be customers to insurers by electronic means, and which received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from VAT provided for by Group 2 in Sch 9 to the Value Added Tax Act 1994, which implemented art 13B(a) of Council Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes.”

WLR Daily, 18th May 2009

Hatzl and Another v XL Insurance Co Ltd

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

Injustice Unremedied: The Government’s response on Equitable Life – Parliamentary and Health Service Ombudsman

Posted May 11th, 2009 in compensation, insurance, maladministration, press releases by sally

“Ann Abraham, the Parliamentary Ombudsman, has today laid before both Houses of Parliament a further report concerning Equitable Life.”

Full press release

Parliamentary and Health Service Ombudsman, 6th May

Source: www.ombudsman.org.uk

Hatzl and Another v XL Insurance Co Ltd – Times Law Reports

Posted April 16th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Court of Appeal

“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”

The Times, 16th April 2009

Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99

Hatzl and another v XL Insurance Co Ltd – WLR Daily

Posted March 20th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

“The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”

WLR Daily, 19th March 2009

Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89

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

Reforming insurance contract law – Law Commission

Posted March 13th, 2009 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, 11th March 2009

Source: www.lawcom.gov.uk

Tann v Herrington – WLR Daily

Posted March 12th, 2009 in insurance, law reports, negligence, partnerships by sally

“Where a partner entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm’s professional indemnity insurer had refused indemnity, was a liability to be borne personally by the partner because he was responsible for notifying the insurers that a claim had been made and his delay in doing so caused the refusal of indemnity.”

WLR Daily, 11th March 2009

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

Serious Fraud Office investigates AIG – The Guardian

Posted February 13th, 2009 in fraud, insurance, news by sally

“The Serious Fraud Office has started a ‘preliminary inquiry’ into American insurance firm AIG’s London operation, founded by Joseph Cassano who spearheaded the group’s ill-fated move into complex debt derivatives.”

Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21

The Guardian, 13th February 2009

Source: www.guardian.co.uk

Maher and Maher v Groupama Grand Est – WLR Daily

Posted January 27th, 2009 in conflict of laws, damages, insurance, law reports, personal injuries by sally

“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”

WLR Daily, 26th January 2009

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

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

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Posted January 20th, 2009 in contracts, electronic mail, insurance, law reports by sally

Court of Appeal

“In the context of a reinsurance contract, where a gap opened up between what had been previously quoted and agreed and what had been defined on the slip as the determinative contract, an e-mail reply by the defendant reinsurer’s representative was to be construed as an acceptance, which gave priority to the slip, rather than a counter-offer, which would have given priority to previous stipulations.”

The Times, 20th January 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Egg is fined £700,000 for mis-selling insurance cover for payment protection – The Times

Posted December 11th, 2008 in banking, insurance, news by sally

“Egg, the online bank owned by Citigroup, has been fined £721,000 for ‘serious failings’ on sales of credit card payment protection insurance (PPI) to nearly half its customers over a three-year period. The bank may have to pay millions of pounds to customers in PPI refunds.”

The Times, 11th December 2008

Pratt v Aigaion Insurance Co SA

Pratt v Aigaion Insurance Co SA – Times Law Reports

Posted December 3rd, 2008 in insurance, law reports, ships by sally

Court of Appeal

“A marine insurance term requiring the warranted owner and/or his experienced skipper to be on board and in charge at all times with one experienced crew member, was not to be read literally but construed in the context of the policy as a whole and the surrounding circumstances; so construed, it applied when the vessel was being navigated or manoeuvred but not when it was tied up in dock.”

The Times, 3rd December 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Legal moves against canoeist wife – BBC News

Posted November 25th, 2008 in fraud, insurance, news, pensions, proceeds of crime by sally

“Legal moves to reclaim hundreds of thousands of pounds illegally claimed by the wife of a back-from-the-dead canoeist are due to begin.”

BBC News, 25th November 2008

Source: www.bbc.co.uk

UK advertising rules may change to close YouTube loophole – OUT-LAW.com

Posted November 24th, 2008 in advertising, insurance, news by sally

“Advertising claims made in videos on YouTube are subject to the same standards of truth and accuracy as ads that appear in traditional media, according to a US advertising watchdog. Such ads can escape the UK regulator’s remit, though. A group of advertising industry stakeholders is reviewing UK advertising rules. Its recommendations may include the extension of regulation to advertising claims on companies’ own websites, which are currently exempt, and videos that appear on sites like YouTube.”

OUT-LAW.com, 24th November 2008

Source: www.out-law.com

Reforms bring increased competition to the Lloyd’s insurance market – OUT-LAW.com

Posted November 24th, 2008 in competition, insurance, Lloyd's, news by sally

“A restriction on Lloyd’s managing agents doing business with non-Lloyd’s brokers was lifted last week by an order modernising the way the world’s leading specialist insurance market operates.”

OUT-LAW.com, 24th November 2008

Source: www.out-law.com

Asbestos cancer victims win High Court fight for mesothelioma insurance payouts – The Times

Posted November 21st, 2008 in asbestos, industrial injuries, insurance, news by sally

“Thousands of victims of a fatal asbestos-related lung cancer are in line for six-figure sums in compensation after a victory today that lands insurers with a multi-million pound bill.”

The Times, 21st November 2008

Asbestos compensation ruling due – BBC News

Posted November 21st, 2008 in asbestos, industrial injuries, insurance, news by sally

“A ruling is expected later that could have profound implications for asbestos-related cancer victims and their families.”

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others; [2008] WLR (D) 344

BBC News, 21st November 2008

Source: www.bbc.co.uk

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others – WLR Daily

Posted November 7th, 2008 in contracts, insurance, law reports, negligence, notification by sally

“Where a professional indemnity insurance policy required the insured to notify to the insurers of any potential claims against the insured ‘as soon as practicable’ the insured could satisfy the policy requirement if he made an attempted notification of circumstances which might give rise to a claim for professional negligence, which was understood by the underwriters to be such and which was made within the insured period. However, a notification served after the policy had expired relating to new potential claims was not an effective notification.”

WLR Daily, 6th November 2008

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

FSA defends rules on life companies’ use of with-profits surpluses – OUT-LAW.com

Posted November 6th, 2008 in financial regulation, insurance, news, with-profits policies by sally

“The FSA has resisted calls for a full-scale debate on the regulation of with-profits funds, but it has promised a major review of how effectively life companies are implementing its current rules.”

OUT-LAW.com, 5th November 2008

Source: www.out-law.com

MPs seek relaxation of rules for Lloyd’s insurance market – The Guardian

Posted October 21st, 2008 in insurance, Lloyd's, news by sally

“MPs have recommended the fast-track deregulation and relaxation of the rules governing the Lloyd’s of London insurance market as the government is proposing to toughen up regulation of the banking industry.”