Category: insurance

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

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

“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

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.

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

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

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

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

Source: www.timesonline.co.uk

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.”

Full story

The Times, 11th December 2008

Source: www.timesonline.co.uk

Pratt v Aigaion Insurance Co SA – Times Law Reports

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

Pratt v Aigaion Insurance Co SA

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

Source: www.timesonline.co.uk

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.”

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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.”

Full story

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.”

Full story

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.”

Full story

The Times, 21st November 2008

Source: www.timesonline.co.uk

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.”

Full story

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

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

“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

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.

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.”

Full story

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.”

Full story

The Guardian, 21st October 2008

Source: www.guardian.co.uk

Reforming insurance contract law: two summaries of responses to consultation – Law Commission

Posted October 14th, 2008 in consultations, contracts, insurance, news by sally

“On 13 October 2008, the Law Commissions published a summary of responses on business insurance reform.”

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Law Commission, 13th October 2008

Source: www.lawcom.gov.uk

Fake death canoeist launches appeal bid – The Independent

Posted September 5th, 2008 in appeals, fraud, insurance, news, pensions by sally

“Back from the dead canoeist John Darwin has launched a bid to appeal against his sentence, his solicitor said today.”

Full story

The Independent, 5th September 2008

Source: www.independent.co.uk

Canoe man and wife jailed for six years – The Independent

Posted July 23rd, 2008 in fraud, insurance, news, pensions, sentencing by sally

“John and Anne Darwin were each jailed for more than six years today for carrying out a £250,000 insurance con by faking his death in a canoeing accident.”

Full story

The Independent, 23rd July 2008

Source: www.independent.co.uk

Compensation call over Equitable – BBC News

Posted July 17th, 2008 in compensation, insurance, maladministration, news by sally

“Ministers should set up a compensation fund for policyholders in the Equitable Life, the Parliamentary Ombudsman says.”

Full story

BBC News, 17th July 2008

Source: www.bbc.co.uk

Anne Darwin ‘played vital role’ in canoe man fraud – The Times

Posted July 15th, 2008 in fraud, insurance, news, pensions by sally

“The wife of John Darwin, the canoeist who faked his own drowning, played an ‘equal and vital role’ in the scheme to gain £250,000 in insurance and pension payouts by staging his death, a court heard today.”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

Equitable policyholders face tough fight for £4bn claim – The Times

Posted July 10th, 2008 in compensation, insurance, maladministration, news by sally

“Policyholders in Equitable Life who lost £4 billion when the mutual insurer collapsed could now face an uphill legal battle to recoup their savings.”

Full story

The Times, 9th July 2008

Source: www.timesonline.co.uk

Regulator attacks payment protection insurance providers – OUT-LAW.com

Posted June 16th, 2008 in consumer protection, insurance, news by sally

“Banks, mortgage companies and credit card providers could face a flood of mis-selling claims following a report from the Competition Commission that claims consumers are being overcharged £1.4 billion a year for payment protection insurance (PPI).”

Full story

OUT-LAW.com, 13th June 2008

Source: www.out-law.com

Competition Commission looks into banks’ payment protection – The Times

Posted June 6th, 2008 in banking, competition, consumer protection, insurance, news by sally

“Banks that have sold payment protection insurance (PPI) could face a wave of compensation claims after the Competition Commission said that 14 million consumers had been overcharged by an estimated £1.4 billion, or an average of £100 a year.”

Full story

The Times, 6th June 2008

Source: www.timesonline.co.uk