i-law

Insurance & Reinsurance

The Law of Insurance Contracts

Service Issue 60 (November 2024) now available

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Service Issue 60 can be accessed here. Recent cases discussed include:

  • Axis Specialty Europe SE v Discovery Land Co LLC [2024] EWCA Civ 7
  • Bellini (N/E) Ltd v Brit UW Ltd [2024] EWCA Civ 435
  • Hamilton Corporate Member Ltd v Afghan Global Insurance Ltd [2024] EWHC 1426 (Comm)
  • Houssein v London Credit Ltd [2024] EWCA Civ 721
  • Lifestyle Equities CV v Ahmed [2024] UKSC 17
  • London International Exhibition Centre plc v Allianz Insurance plc [2024] EWCA Civ 1026
  • MOK Petro Energy FZC v Argo (No 604) Ltd [2024] EWHC 1935 (Comm)
  • Nicholls v Mapfre Espana Compania de Seguros y Reaseguros SA [2024] EWCA Civ 718
  • R v Surrey County Council [2024] UKSC 20

The latest update includes commentary on the Flood Reinsurance (Amendment) Regulations 2022, Public Order Act 1986 and Riot Compensation Act 2016 (Commencement) Regulations 2017.

New books available on Insurance & Reinsurance on i-law

Causation in Insurance Contract Law, 2nd Edition

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Now in its second edition, Causation in Insurance Contract Law scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law.

Thoroughly revised and updated throughout it also provides new chapters on Causation and Interpretation and Causation and machinery for qualifying losses to provide a deeper and more thorough analysis, comparing academic approaches and juridical approaches to addressing causation issues in insurance claims.

Written by Meixian Song, editor of Lloyd's Shipping and Trade Law

Deferred Prosecution Agreements and Directors' Liability, 1st Edition

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Providing in-depth analysis of deferred prosecution agreements (DPAs) and their impact on company directors. This book also considers the impact of DPAs and arising exposures on directors’ and officers’ (D&O) liability insurance.

Written by Natalie Turney, Lecturer in Law, University of Buckingham

Access the book here

Insurance Broking Practice and the Law

Service Issue 34 (September 2024) available

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Service Issue 34 (September 2024) of Insurance Broking Practice and the Law includes commentary on:

  • Infinity Reliance Ltd (t/a MY 1st Years) v Heath Crawford Ltd [2023] EWHC 3022 (Comm), in which Paul Stanley KC (sitting as a Judge of the High Court) restated the duties owed by a broker.
  • Mulsanne Insurance Co Ltd v Marshmallow Financial Services Ltd [2022] EWHC 276 (Ch), in which it was held that “[t]he word ‘renewing’ might, by itself connote a renewal with the same underwriter, but it is also capable of referring to a policy which is being replaced with one placed by the same intermediary.”
  • Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590; [2022] Lloyd’s Rep IR 56, in which the Court of Appeal held that a non-disclosure was not an “efficient cause” of the insurer’s agreement to less onerous terms, and accordingly the insurer failed to establish that they had been induced by the non-disclosure to renew the policy.
  • ABN Amro Bank NV v RSA Insurance plc [2021] EWCA Civ 1789; [2022] Lloyd’s Rep IR 201, in which brokers represented to the following underwriters that the renewed policy would be “as expiry”. The Court of Appeal held that this was a non-fraudulent misrepresentation. However, following underwriters could neither avoid the new policy, nor argue that the insured was estoppel from relying on the new insuring clause, because of the non-avoidance clause which precluded them from rejecting claims on the grounds of non-fraudulent misrepresentation.
  • Apex Resources Ltd v Macdougall [2021] CSOH 40 and how it was distinguished from Quilter Private Client Advisers Ltd v Falconer [2020] EWHC 3294 (QB).
  • The enforceability of “cascading clauses” and Jump Trading International v Couture [2023] EWHC 1305 (KB).

Professional Negligence

Service Issue 45 (August 2024) now available

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Service Issue 45 (August 2024) of Professional Negligence and Liability includes updates to the following chapters:

Chapter 3 Limitation

Chapter 7 Architects, Engineers and Quantity Surveyors

Chapter 8 Surveyors, Valuers and Estate Agents

Chapter 9 Solicitors

Chapter 13 Accountants and Auditors

Chapter 14 Clinical Practitioners

Chapter 15 Barristers

Chapter 20 Insolvency Practitioners

Chapter 24 Expert Witnesses

Chapter 26 Fund Managers 

Professional Negligence and Liability, edited by Mark Simpson KC, with contributions from over 50 experts, contains chapters on professions including Bankers, Architects, Surveyors, Solicitors, Financial Advisers, Accountants, Clinical Practitioners, Public Authorities and Barristers.

Insurance Law Search

Insurance law in 2023: a review of developments in case law

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This review, written by Aybüke Naz Durmuş, covers important court decisions in the field of insurance and reinsurance in 2023. It addresses the most significant judgments of the year, including major appellate decisions in the area, and first instance decisions dealing with important points of principle.

Access it here: https://www.i-law.com/ilaw/doc/view.htm?id=437859

LLR: Insurance & Reinsurance

HAMSARD ONE THOUSAND AND FORTY-THREE LTD v AE INSURANCE BROKERS LTD

[2024] Lloyd's Rep IR 663
Insurance (broker) – Duties of broker on placement – Disclosure of material facts – Failure to disclose assured's association with other insolvent companies – Waiver of information by insurers – Scope of cover – Causation – Quantum.

MS AMLIN MARINE NV v KING TRADER LTD AND OTHERS

[2024] Lloyd's Rep IR 703
Insurance (liability) – Pay to be paid clause – Assured insolvent – Whether third-party claimants bound by clause – Inconsistency – Construction – Implied term – Third Parties (Rights Against Insurers) Act 2010.

Current issue available

Insurance Law Monthly

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Insurance Law Monthly has been providing specialist analysis of key cases, EU Directives and updates in legislation and regulation for many years. Every month, our experts report on the most noteworthy international cases concerning issues including liability, marine, motor, property and business interruption.

The latest issue of Insurance Law Monthly is available here

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