Insurance Law Monthly

In Catlin Syndicate Ltd v AMEC Foster Wheeler USA Corporation [2020] EWHC 2530 (Comm) Jacobs J discussed the incorporation of dispute resolution provisions from a primary layer liability cover into an excess layer.

The Federal Court of Australia Full Court has in Swashplate Pty Ltd v Liberty Mutual Insurance Co [2020] FCAFC 137 reversed the first instance decision of Allsop J [2020] FCA 15. The case involved a policy taken out in Australia in respect of a risk located in the US, with a 15-hour time difference between the two jurisdictions. Did the words “From 19 May 2018 … to Date of Arrival” refer to the time in the US (insufficient packing having occurred earlier) or to the time in Australia (when the packing had not yet taken place)?

Covid-19 test cases are beginning to emerge from common law jurisdictions. There have to date been two decisions from the South African courts, Café Chameleon CC v Guardrisk Insurance Co Ltd [2020] ZAWCHC 65 and Ma-Afrika Hotels (Pty) Ltd and Another v Santam Ltd [2020] ZAWCHC 160. Café Chameleon pre-dated the Divisional Court’s ruling in FCA v Arch Insurance [2020] Lloyd’s Rep IR 572 and was decided on causation grounds.

In Danbol Pty Ltd v Swiss Re International Se [2020] VSCA 274 the Court of Appeal of the Victoria Supreme Court has upheld the first instance judgment of Riordan J [2020] VSC 23; [2020] Lloyd’s Rep IR 229, holding that the claimant, Danbol, had not accepted an offer from the insurers of temporary cover for 14 days so that insurance could be found.