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Insurance & Reinsurance
The Law of Insurance Contracts
Service Issue 60 (November 2024) now available
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
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
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
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
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
Use this field to search across the entire i-law resource.
Using this field will enable you to search across all product types, in all subject areas. You can search for
a phrase, a specific search term, a law report citation, or
combination of key terms.
Boolean connectors and special search characters can be used to refine your search.
For example: "equitable set-off", "clear AND evidence", "[1977] 1 Lloyd's Rep 492";
"The Cendor MOPU"; "2021 Review".
Techniques to refine your searches.
General search
" " - use quotations to find an exact phrase eg "Bills of Lading"
Boolean searches
You can use the Boolean operators AND, OR, NOT to include or exclude results from your search.
Axa AND Prudential finds results containing both Axa and Prudential.
Axa OR Prudential finds results containing either Axa or Prudential.
Axa NOT Prudential finds results containing Axa, that do not also contain Prudential.
Axa AND (Prudential OR Aviva) finds results containing Prudential and Axa, Aviva and Axa, or all
three.
NEARn finds documents where search terms appear in proximity of each other, eg Axa NEAR25 Prudential
will return results where Axa is within 25 words of Prudential.
Wildcard searches
Using an asterisk (*) at the beginning, middle or end of a word or part of a word will allow you to find matches that include additional letters, as represented by the asterisk.
Searching for ship* finds articles containing shipping, shipper, etc.
Searching for *building finds articles containing shipbuilding, newbuilding, etc.
Use this field to search for the lead parties involved in a dispute within a law report:
Individual
Company name
Association(s)
For example: "London", "Jones", "Insurance Association".
Use this field to search for the name of a vessel or casualty which is the subject of a law report.
For example: "Prestige", "The Resolute".
Use this field to search for key subject matter within a law report
Keywords help you find the most important topics arising within a judgment
For example:"laytime", "charterparty", "set-off", "letter of indemnity"
Use this field to search for the judge deciding on a case covered in the law reports. The surname of a judge is usually sufficient
For example: "Smith", "Lord Justice Jones"
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For example: "Singapore", "Court of Appeal".
Use this field to search the citation - the unique identifier - of a particular law report
Enter
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For example, to find "[1977] 1 Lloyd's Rep 492" enter Year: "1977"; Volume: "1"; Page: "492".
Use this field to find a specific chapter title in a book or looseleaf title
For example, to find a chapter entitled "Loading and Discharging Ports, Places and Berths", enter the search "loading AND berths" or "discharging ports".
See the Search Tips for more information on the Boolean connectors and special search characters you can use to refine your search.
Use this field to find a specific article title in a news or journal title
For example, to find an article entitled "The rights of tenants under a remedial works agreement",
enter the search "rights AND tenants" or "remedial works". See the Search Tips for more
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Use this field to find a specific article in the Special Features section.
For example, to find an article entitled "Construction law in 2021: a review ofkey legal and industry developments", enter the search "construction AND
law" or "key legal". See the Search Tips for more information on the Boolean
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Insurance law in 2023: a review of developments in case law
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
MS AMLIN MARINE NV v KING TRADER LTD AND OTHERS
Current issue available
Insurance Law Monthly
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.