All posts by Cooley

Court of appeal considers interpretation of aggregation clause in solicitors’ professional indemnity insurance

In AIG Europe Limited (Appellant) v OC320201 LLP (formerly The International Law Partnership LLP) & 5 others (Respondents) & The Law Society of England and Wales (acting in its regulatory capacity as the Solicitors Regulatory Authority) (Intervener) [2016] EWCA Civ 367, the Court of Appeal determined the true construction of […]

Technology and Construction Court considers the meaning of “deliberate … non-disclosure” in an insurance policy exclusion clause

In Mutual Energy Ltd v Starr Underwriting Agents Ltd & Anor [2016] EWHC 590 (TCC), the Technology and Construction Court has held that the words “deliberate … non-disclosure” must involve dishonesty. A company’s honest but mistaken belief that something need not be disclosed was not enough to allow insurers to […]

Commission Publishes Preliminary Findings of Insurance Block Exemption Review

On 17 March, the European Commission published the preliminary findings of its review of the Insurance Block Exemption Regulation (“IBER”).  The IBER provides a safe harbour from the EU law prohibition of anticompetitive agreements for specific types of insurance industry practice that fall within its scope.

Commercial Court considers jurisdictional issues affecting contribution claims

In XL Insurance Company SE v AXA Corporate Solutions Assurance [2015] EWHC 3431 (Comm), the Commercial Court has held that, pursuant to Article 4 of EU Regulation 1215/2012, it had no jurisdiction to hear a dispute between a French insurance company, AXA Corporate Solutions Assurance (“AXA”) and its UK based […]

Commercial court considers application of aggregation clause

An insurer’s attempt to aggregate £10 million in claims, and thereby cap its pay-out to £3 million, has been rejected by the Commercial Court in the case of AIG Europe v OC320301 LLP [2015] EWHC 2398 (Comm).   The decision turned on the interpretation of the aggregation clause and, more specifically, […]