Category: Supreme Court

FCA Test Case: The Perils of Business Interruption Insurance and COVID-19

Richard Hopley and Sam Tacey have recently published an article in Zeitschrift für Versicherungswesen concerning the recent FCA test case. It can be read here. Since the article was published, the Supreme Court has confirmed it will hear a leapfrog appeal of the decision in a four day hearing commencing […]

California Supreme Court Opens Door to Excess Coverage, Rejecting Requirement of Horizontal Exhaustion

In a landmark decision with significant implications for policyholders and insurers dealing with high exposure, continuous injury claims, the California Supreme Court held in Montrose Chemical Corp. of California v. Superior Court, Case No. S244737, that policyholders may access otherwise available coverage under any excess policy once it has exhausted […]

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 […]