Insurance Law Monthly

The lengthy decision of HHJ Rawlings in Tynefield Care Ltd and Others v New India Assurance Co Ltd 2024 WL 03279829 , 23 May 2024, discusses a series of issues relating to the duty of fair presentation and the operation of policy terms under the Insurance Act 2015.

In Hansen Yuncken Pty Ltd v Hollard Insurance Co Pty Ltd [2024] FCA 398 Derrington J in the Federal Court of Australia considered a somewhat poorly drafted and inconsistent policy wording to determine whether the principal of the named assured contractor was itself entitled to benefit under the policy. There were no fewer than three policy provisions that extended cover to third parties, although one of them did so on restrictive grounds. The main question was whether those restrictions should prevail over other extensions that were not so restricted.

In two cases arising out of the same transactions, Tyson International Co Ltd v Partner Reinsurance Europe SE [2023] EWHC 3243 (Comm); [2024] Lloyd's Rep IR 279 and Tyson International Co Ltd v GIC Re, India, Corporate Member Ltd [2024] EWHC 236 (Comm); [2024] Lloyd's Rep IR 609 two High Court judges, respectively Stephen Houseman KC and Christopher Hancock KC, were required to determine which of two successive reinsurance contracts governed the relationship between the parties.