#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.

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 […]

Brexit and the Recognition and Enforcement of Judgments

As Brexit continues to dominate the news, Cooley has recently published a client alert on the impact of Brexit on the recognition and enforcement of judgments, which can be viewed here. Other Cooley articles on the possible ramifications of Brexit can be accessed here.

Commercial court considers extension of time to challenge arbitral award

In S v (1) A (2) B [2016] EWHC 846 (Comm), Mr Justice Eder refused to grant an extension of time under the Arbitration Act 1996 (the “Act”) s.80(5) to challenge an arbitral award, following the applicant’s 74-day delay in applying and its failure to demonstrate that there had been […]

Court of appeal considers interpretation of aggregation clause in solicitors’ professional indemnity insurance

In AIG Europe Limited (Appellant) v OC320201 LLP (formerly The International Law Partnership LLP) & 5 others (Respondents) & The Law Society of England and Wales (acting in its regulatory capacity as the Solicitors Regulatory Authority) (Intervener) [2016] EWCA Civ 367, the Court of Appeal determined the true construction of […]