All posts by Sam Tacey

Commercial Court dismisses appeal by reinsurers disputing that certain losses arising from the World Trade Centre attack in 2001 arose from one event

In Simmonds v Gammell [2016] EWHC 2515 (Comm) the respondent insurer had participated in various layers of an excess liability insurance programme, insuring the Port of New York (PONY). The appellant reinsurer had participated in one of the relevant reinsurance contracts, reinsuring the respondent. The reinsurance contract provided cover of […]

Supreme Court rules that “collateral lies” are no bar to a claim on an insurance policy

In Versloot Dredging v HDI Gerling Industrie Versicherung AG [2016] UKSC 45, the Supreme Court held that a claim which is supported by a fraudulent narrative will not be subject to forfeiture under the fraudulent claims rule provided that the claim itself was valid and that the lie had no […]

Supreme Court determines that a director cannot be liable to an employee under the Employers’ Liability (Compulsory Insurance) Act 1969 for a failure to insure

In Campbell v Gordon [2016] UKSC 38 the appellant, Mr Campbell, was employed by a company as a joiner. Mr Gordon, the respondent, was the sole director of the company. Mr Campbell subsequently suffered an injury while working with a circular saw. Although the company had employers’ liability insurance, it […]

Third Parties (Rights Against Insurers) Act 2010 to come into force in August 2016

A statutory instrument has recently been passed providing that the Third Parties (Rights Against Insurers) Act 2010 will, finally, come into force on 1 August 2016, some six years after it was first passed.

Enterprise Bill receives royal assent

On 4 May 2016 the Enterprise Bill received royal assent and will come into force in May next year. From an insurance perspective, the Enterprise Act 2016 will have important ramifications, as it introduces amendments to the Insurance Act 2015 allowing for damages to be claimed for the late payment of […]

Supreme Court considers compensation under the Riot Act

In The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ord [2016] UKSC 18, the Supreme Court ruled on the quantification of compensation available to insurers under the Riot Act 1886, following insured losses caused by the London riots in 2011. The principal issue […]

Court of Appeal approves third party costs order against an insurer

In Legg & Ors v Sterte Garage Ltd and Aviva UK Limited [2016] EWCA Civ 97, the Court of Appeal upheld the first instance decision that a third party costs order made against the defendant insurer was justified in circumstances where there was ample evidence that the insurer had acted […]

Commercial Court considers notification and retroactive date clauses in professional indemnity policy

In ARC Capital Partners Ltd v Brit Syndicates Ltd and QBE Underwriting Ltd [2016] EWHC 141 (Comm) Mr Justice Cooke held that an exclusion clause in a professional indemnity insurance policy which excluded coverage for claims “in any way involving” acts committed prior to a certain cut-off date would not […]

UK Insurance Fraud Taskforce produces its final report

In January 2016 the Insurance Fraud Taskforce produced its final report into the serious issue of fraud in insurance, a problem which is reported to cost more than £3bn each year.

Commercial court considers scope of “materiality”

In Brit UW Ltd v F&B Trenchless Solutions Ltd [2015] EWHC 2237 (Comm) the Commercial Court provided guidance on the circumstances or information that are “material” to an insurer for the purposes of underwriting a risk.