In Versloot Dredging v HDI Gerling Industrie Versicherung AG  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  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 […]
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.
In S v (1) A (2) B  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)  EWCA Civ 367, the Court of Appeal determined the true construction of […]
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.
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 […]
In The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ord  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 […]
Technology and Construction Court considers the meaning of “deliberate … non-disclosure” in an insurance policy exclusion clause
In Mutual Energy Ltd v Starr Underwriting Agents Ltd & Anor  EWHC 590 (TCC), the Technology and Construction Court has held that the words “deliberate … non-disclosure” must involve dishonesty. A company’s honest but mistaken belief that something need not be disclosed was not enough to allow insurers to […]