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 […]

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, […]

Update on Cooley forum on House of Commons Treasury Select Committee Solvency II Inquiry

On 11 October 2016 Cooley hosted a breakfast forum on the House of Commons Treasury Select Committee Solvency II Inquiry. We collated the views of those attending the forum and a few others who had not been able to make it and submitted a note of those views to the […]

High Court rules on application of exclusion clauses in insurance contracts

In Timothy Crowden & Carol Crowden v QBE Insurance (Europe) Ltd (2017) EWHC 2596 (Comm) the claimants suffered significant economic loss after receiving advice from a financial advisor insured by QBE. The claimants were advised to purchase a secure income bond and a growth plan which was linked to Lehman […]

LMA Bulletin on Applicable Law and Jurisdiction Post-Brexit

The LMA, with the assistance of Cooley, has recently published a bulletin on the issues surrounding applicable law and jurisdiction post-Brexit. The bulletin, and Cooley’s briefing note on the subject, can be accessed here.

Cooley Partner David Kendall Co-Authors Book on UK Insurance Act

Routledge has published “A Practical Guide to the Insurance Act 2015,” co-authored by David Kendall and Harry Wright of 7KBW. The book serves as a thorough introduction to the act, which is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act […]

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 […]