Insurance Law Monthly

The Full Court of the Federal Court of Australia has, in AAI Ltd v Technology Swiss Pty Ltd [2021] FCAFC 168, upheld the first instance judgment of Allsop J ([2021] Lloyd’s Rep IR 377), raising an important issue as to the allocation of subrogation recoveries.

In AIG Europe SA and Others v John Wood Group plc and Another [2021] EWHC 2567 (Comm) insurers sought anti-suit injunctions against policyholders who had commenced judicial proceedings in Alberta allegedly in breach of jurisdiction and arbitration provisions in the various policies that constituted the policyholders’ “insurance tower”. The case turns on established principles, but the matter was complicated by the existence of inconsistent provisions in the contracts.

There is an obligation to insure against liability arising from the use of a motor vehicle only when the vehicle is being used on a road or in a public place. The decision of Master Dagnall in Brown v Fisk and Others [2021] EWHC 2769 (QB) contains a thorough review of the authorities on the meaning of “public place”.

Under the Employers’ Liability (Compulsory Insurance) Act 1969 the vast majority of employers are required to hold liability insurance in respect of claims by employees. By comparison with the compulsory insurance regime for motor insurance, the employment scheme is decidedly weak. In Komives and Another v Hick Lane Bedding Ltd and Another [2021] EWHC 3139 (QB) May J has upheld the decision of Master Davison to the effect that there is nothing in the employment legislation that prevents an insurer from relying upon avoidance of the policy.