We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Insurance Law Monthly RSS feed

Duty of fair presentation: waiver

Online Published Date : 10 November 2019 | Appeared in issue: Vol 31 No 11 - 10 November 2019

Young v Royal and Sun Alliance plc [2019] CSOH 32 is the first decided case on the duty of fair presentation under the Insurance Act 2015. It raised an issue of waiver familiar to the old law, and indeed it was common ground that the law in this respect had not changed. The question was whether insurers had, by asking questions that were strictly limited in their ambit, waived disclosure of facts that would have been material but outside the scope of the questions.

Reinsurance: cut-through clauses

Online Published Date : 10 November 2019 | Appeared in issue: Vol 31 No 11 - 10 November 2019

Cut-through clauses have been used in reinsurance contracts for many years. Their effect is to give the assured a direct claim against reinsurers. Traditionally the clauses have been confined to the situation where the reinsured had become insolvent, and there are unresolved issues as to whether the clause can be enforced as against the reinsured’s liquidator in that it favours the assured as an unsecured creditor.