All posts by Sam Tacey

Reinsurance in the Time of COVID-19 – Part 2

In part 2 of our blog series on reinsurance issues arising from COVID-19, we consider the difficulties that might arise from the application of aggregation clauses in reinsurance policies to COVID-19 losses.

Reinsurance in the Time of COVID-19 – Part 1

The World Health Organization classified the coronavirus (COVID-19) as a pandemic on 11 March 2020 and, since that time, the pandemic has caused unprecedented socio-economic disruption across the globe with a profound impact on businesses and civil liberties. In such times of dramatic economic instability, it is natural that companies […]

Business Interruption Cover and the Coronavirus

The UK government announced yesterday that its current measures relating to the use of public spaces such as bars and restaurants would be sufficient to trigger some business interruption policies, with the Chancellor of the Exchequer, Rishi Sunak stating, “Let me confirm that, for those businesses which do have a […]

Supreme Court Rules on Non-Party Costs Order Against Insurer

In Travelers Insurance Co Ltd v XYZ [2019] UKSC 48, the Supreme Court considered the application of the discretion under s 51 of the Senior Courts Act 1981 to make a non-party costs order against a liability insurer, where that insurer, here Travelers Insurance Co Ltd (Travelers), was both funding […]

ITC Conference Highlights

The Cooley team had a busy ITC, attending seminars and breakouts, meeting clients and contacts and immersing themselves in the world of Insurtech. More details of Cooley’s extensive work in the Insurtech space can be found here. What were the takeaways from the conference?

Cooley team to attend Insurtech Connect

A Transatlantic team of Cooley lawyers will be heading to the Insurtech Connect conference in Las Vegas next week and is looking forward to connecting with the diverse mix of start-ups, funds and traditional insurers attending the event from around the world. The Cooley attendees are Derek Colla, Sam Tacey, […]

Supreme Court rules on scope “malice” in war risks insurance policy

  In Navigators Insurance v Atlasnavios Navegacao [2018] UKSC 26, the Supreme Court was asked to consider whether the smuggling of cocaine on a vessel, unknown to the owners or crew, constituted a ‘person acting maliciously’ in a war risks insurance policy. The clause in question was the standard form […]

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 […]

High Court confirms position on qualifications of arbitrators

In Tonicstar Limited v Allianz Insurance PLC & Ors [2017] EWHC 2753 (Comm) Mr Justice Teare confirmed that where an arbitration clause specifies that the arbitrators should have “experience of insurance or reinsurance”, it will not be sufficient for a proposed arbitrator to have experience of insurance or reinsurance law, […]

Court of Appeal holds that a failure to exercise a “duty to speak” can form the basis of an estoppel

  In Ted Baker PLC v (1) AXA Insurance UK PLC (2) Fusion Insurance Services Ltd  (3) Tokio Marine Europe Insurance Ltd [2017] EWCA Civ 4097 Ted Baker PLC (TB) suffered significant business interruption losses as a result of goods stolen by a trusted employee. TB subsequently made claims against […]