ACOD B – A 1980s Design Success

The special features of mesothelioma (its “indivisible” nature and its long latency) have thrown up many complex legal questions resulting in the creation of special mesothelioma jurisprudence and legislation governing the liabilities arising from the disease and how insurance should respond. Those developments have taken nearly 20 years, but the […]

High Court Rules on Notifications to Separate Policy Years

In The Cultural Foundation v Beazley Furlonge and Others [2018] EWHC 1083 the Commercial Court considered the division of liability between primary and excess insurers in circumstances where it was unclear to which year the relevant claims had been notified. There were several other preliminary issues in this case, however […]

IRLA Congress here we come

Cooley partners David Kendall and Mark Deem are amongst the panellists at this week’s 2018 IRLA Congress in Brighton. David will be joining a ‘Regulatory issues panel’ with Jane Portas (PwC), James Bolton (Quest) and Jamie Stacey (RMSL) at 10.30 on Wednesday 16th. Later that day Mark Deem is joining […]

Court of Appeal addresses “experience of insurance or reinsurance” for the purposes of appointing an arbitrator

In Allianz Insurance PLC & Ors v Tonicstar Limited [2018] EWCA Civ 434, the Court of Appeal decided that, under an arbitration clause requiring the appointed arbitrators to have “not less than ten years’ experience of insurance or reinsurance”, a barrister specialising in insurance and reinsurance law for over 10 […]

Court of Appeal provides guidance on forseeability in mesothelioma claims

In Bussey v Anglia Heating ([2018] EWCA Civ.243, 22 February 2018), the Court of Appeal looked at asbestos exposure levels sufficient to found liability for causing mesothelioma. Mr Bussey had developed mesothelioma as a result of exposure while employed by the defendant as a plumber from 1965 to 1968. The […]

Supermarket swept up into liability of rogue employee

The received wisdom was always that the greatest exposures created by a cyber security incident or data breach were the costs of remediation, business disruption and any regulatory fine.  Whilst litigation risk existed, it was generally felt that such losses would only be suffered in the context of a security […]

BILA publishes Financial Markets Law Committee working group report on the Establishment of an EEA Insurer in another Member State

A working group (chaired by Cooley partner, David Kendall) was established by the Financial Markets Law Committee (FMLC) to examine and report on the lack of clarity surrounding the distinction between a (re)insurer providing services in an EEA Member State and becoming established in that Member State (the “Issue”). In […]

High Court rules on the application of suspensive warranty provisions in insurance contracts

  In Bluebon Limited (in liquidation) v (1) Ageas (UK) Limited (formerly Fortis Insurance Limited) (2) Aviva Insurance Limited (3) Towergate Underwriting Group Limited [2017] EWHC 3301 (Comm), Mr Justice Bryan held that an electrical installation inspection warranty was a suspensive condition of the insurance policy, which covered various risks, […]

High Court rules on reimbursement of defence costs under ICAEW Minimum Terms

In Michael Jonathan Christopher Oldham v QBE Insurance (Europe) Limited [2017] EWHC 3045 (Comm) Mr Justice Popplewell held that under a policy governed by the ICAEW Minimum Terms (the minimum professional liability coverage requirements mandated by the Institute of the Chartered Accountants of England and Wales), where it is determined […]

High Court Rules That Certain Provisions Of Domestic Motor Insurance Law Contravene Insurance Directive 2009/103

In RoadPeace v Secretary of State for Transport & Motor Insurers’ Bureau (Interested Party) [2017] EWHC 2725 (Admin), the claimant – a road safety charity – claimed that certain provisions of UK law relating to compulsory vehicle insurance and compensation for victims of uninsured/untraced divers contravened European Directive 2009/103 (“the […]