Insurance Law Monthly

In Norman Hay plc v Marsh Ltd [2025] EWCA Civ 58 the Court of Appeal has upheld the first instance decision of Picken J, [2024] EWHC 1039 (Comm), on the question of what had to be proved by a client against a broker where the allegation was that the broker had failed to secure a type of cover that ought to have been within the policy and the client had entered into a settlement in respect of an uninsured third-party claim.

Zephyrus Capital Aviation Partners 1D Ltd and Others v Fidelis Underwriting Ltd and Others [2024] EWHC 734 (Comm) is a massive and important judgment of Henshaw J determining a series of important points on the circumstances in which an English court should refuse to stay its own proceedings in favour of a foreign court nominated by an exclusive jurisdiction clause binding on the parties. The present case was one in which the claimants relied upon cut-through clauses in reinsurance contracts under which they were permitted to bring direct proceedings against the reinsurers.

In Baralaba Coal Company Pty Ltd v AAI Ltd [2024] FCA 532 Derrington J, sitting in the Federal Court of Australia, was faced with a claim for additional damage to insured property taking place during the effecting of repairs to the property. The court ruled that the obligation of the insurers was to make payment to allow repairs to be effected, and accordingly they remained liable under that primary obligation to make good later damage closely related to the repairs.