News & Analysis as of

United Kingdom Policy Terms Denial of Insurance Coverage

BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

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

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

Morgan Lewis on

A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

Morgan Lewis

Orient-Express Overturned: Next Stop Is Less Friendly for UK Insurers

Morgan Lewis on

The UK Supreme Court in the Financial Conduct Authority’s business interruption test case has overturned a decade-long standing judgment relating to causation and how the “trends” clauses should be interpreted....more

BCLP

XL’s injunction not “sneaky” in support of arbitration clause in UK D&O Policy

BCLP on

In XL v Little (May 2019), the Commercial Court granted a final anti-suit injunction to prevent Mr Little, a US individual, from bringing his D&O claim in New York in breach of the insurance policy’s London arbitration...more

Carlton Fields

UK Court Considers Whether Payment Of Insurance Claim Violates Iran Sanctions

Carlton Fields on

A court in the United Kingdom has issued a ruling considering the intersection of a clause in an insurance agreement meant to protect the insurer from obligations that would violate international sanctions regimes and the...more

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