Commercial Court rejects assertion of arbitrator bias

In the recent decision in H v L, M, N and P [2017] EWHC 137 (Comm) in the Commercial Court, Mr Justice Popplewell addressed an attempt by the Claimant, H, to remove M, the third arbitrator in a arbitration between H and L, on the basis that the conduct of […]

Court of Appeal confirms that payment of money into escrow account is not an insured loss under a liability policy

  In WR Berkley Insurance (Europe) Limited v Teal Assurance Company Limited [2017] EWCA Civ 25, the Court of Appeal upheld the first instance decision of Mr Justice Eder, and confirmed that the payment of monies into an escrow account did not constitute an insured loss under a liability insurance […]

Supreme Court confirms only parliament can start formal Brexit process

London partner Becket McGrath has posted a Cooley alert on the recent decision of the Supreme Court in relation to the Brexit process, which can be read here.

Court of Appeal dismisses appeal by insurer relating to the operation of a notification clause

In Zurich Insurance PLC v Maccaferri Ltd [2016] EWCA Civ 1302 the Court of Appeal considered the notification provisions of a policy, held by the respondent (Maccaferri), which covered accidental death and personal injury (“the policy”). The policy contained a condition precedent which required Maccaferri to give the appellant insurer (Zurich) […]

Commercial Court provides guidance on interaction between aggregation and excess clauses

In Spire Healthcare v Royal Sun Alliance Insurance plc [2016] EWHC 3278, the claimant sought declarations to the effect that an insurance policy it held with the defendant insurer contained no operative aggregation clause such that the total cover available to it would be £20m (the aggregate limit of the policy). […]

#Brexit & Solvency II: Cooley publishes evidence submitted to Treasury Committee’s Solvency II inquiry

#Brexit & Solvency II: Cooley publishes evidence submitted to Treasury Committee’s Solvency II inquiry | Financial Services – Regulation & Risk

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 […]

Brexit:UK Government Loses Article 50 Argument in High Court

Chris Finney and Mark Deem have published an alert on the recent High Court decision in relation to the triggering of Article 50, which can be read here.

Supreme Court determines that an insurer can set aside a settlement of a personal injury claim even if, at the time of settlement, the insurer suspected fraud by the claimant.

In Hayward v Zurich Insurance Company plc [2016] UKSC 48, the Supreme Court held that the insurer, Zurich, which had settled a personal injury claim by the claimant, Mr Hayward, despite suspecting fraud on the part of the claimant, was entitled to set aside the settlement on the later discovery […]

Insurance Act: Underwriter’s Checklist

Cooley has recently published an underwriter’s checklist to assist in navigating the Insurance Act 2015, which comes into force on 12 August 2016. It can be accessed here.