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Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal
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The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more
A snapshot of key market and regulatory developments expected to impact the UK insurance sector over the next couple of months. Month Date Expected development September 2022 Financial Services and Markets Bill: PRA is due...more
In Spire Healthcare v Royal & Sun Alliance Insurance Ltd [2022] EWCA Civ 17, the Court of Appeal reversed the first instance decision of Judge Pelling QC holding that the two sets of claims in question had in common a...more
The judgment clarifies the Court’s approach to proposed transfers under Part VII of FSMA, as well as the scope and application of s. 110(1)(b). On 24 November 2021, the High Court of England and Wales (the Court)...more
In the recent decision in Berkshire Assets (West London) Ltd v AXA Insurance UK Plc [2021] EWHC 2689 (Comm), Lionel Persey QC, sitting as a Judge of the High Court, gave the first English decision on the insured’s duty of...more
A checklist setting out the key terms that insureds should review when notifying a claim or negotiating the terms of a professional indemnity insurance policy. Originally published in Practical Law....more
In this episode, Sarah Turpin, Insurance Recovery and Counseling partner in our London office, discusses insurance coverage for COVID-19-related losses in the United Kingdom, including the UK Supreme Court’s important...more
The UK Supreme Court issued a policyholder-friendly decision earlier this year on the Financial Conduct Authority’s business interruption test case. The judgment will apply to policyholders’ claims on a case-by-case basis....more
The Court of Appeal has, in its recent judgment in Zurich Insurance Plc v Niramax Group Ltd [2021] EWCA Civ 590, addressed important issues of non-disclosure and inducement that were addressed at first instance in the...more
Since the Insurance Act 2015 (the “IA 2015”) came into force on 12 August 2016, the Courts have not been called upon yet to interpret its provisions. Jones v Zurich Insurance Plc handed down on 18 May 2021, considers the...more
In some circumstances an insurer’s duty to settle may arise even in the absence of a demand by the claimant within policy. The recent case of Planet Bingo, LLC v. The Burlington Insurance Company, 2021 DJDAR 2510 (March 18,...more
In recent weeks, two insurers with significant legacies of occurrence-based general liability coverage took important steps to liquidate their estates. Bedivere Insurance Company (OneBeacon) Liquidation - The first...more
On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more
A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance...more
The Financial Conduct Authority (“FCA”) has succeeded in its “leapfrog” appeal to the Supreme Court in its test case seeking urgent clarity as to the requirement of insurance companies to pay policyholders for business...more
The latest ruling by the UK's Supreme Court is a victory for policyholders. Following the High Court's September 2020 Judgment in the COVID-19 Business Interruption Test Case ("Test Case") brought by the UK Financial Conduct...more
BACKGROUND TO THE TEST CASE - Following a four day hearing in November 2020, the UK Supreme Court has handed down the appeal judgment in the test case brought by the Financial Conduct Authority (FCA) on behalf of UK based...more
The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”). The ruling is important for business interruption policy...more
The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more
This morning the Supreme Court handed down its judgment in the FCA COVID-19 test case, heard on a leapfrog appeal (bypassing the Court of Appeal) from the first instance decision of Lord Justice Flaux and Mr. Justice Butcher....more
Court of Appeal sets out correct approach to transfer of long-term Insurance. Latham & Watkins has won an appeal on behalf of Rothesay Life Plc (Rothesay) in an unprecedented challenge to the High Court’s refusal to...more
On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more
The case between Equitas and Municipal Mutual Insurance (MMI) has been discontinued, bringing to an end a dispute that was due to be heard by the UK Supreme Court this week. Last year’s ruling by the Court of Appeal therefore...more
In Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm), Niramax Group Ltd (“Niramax”) brought a claim against Zurich Insurance plc (“Zurich”) challenging Zurich’s failure to pay out on a claim for fire damage to a...more
In Aviva Insurance Ltd v David Oliver [2019] EWHC 2824 (Comm), Aviva Insurance Ltd (“Aviva”) brought a claim against David Oliver (the “Defendant”) based on the Defendant’s misuse of Aviva’s confidential policyholder...more