Online eligibility requirements will frustrate some insurance businesses, but remedies are available

Businesses operating within the insurance industry will soon be able to use <[name].insurance> domain names to direct customers to their online content.  The application process for these industry-specific names begins on 3 May 2016 and combines substantive eligibility and administrative requirements.

Court of Appeal approves third party costs order against an insurer

In Legg & Ors v Sterte Garage Ltd and Aviva UK Limited [2016] EWCA Civ 97, the Court of Appeal upheld the first instance decision that a third party costs order made against the defendant insurer was justified in circumstances where there was ample evidence that the insurer had acted […]

#InsurTech, and the emergence of Peer-to-Peer insurance

Insurers and insurance distributors don’t usually think of themselves as emerging companies. These industries “emerged” more than 300 years ago; and they’ve been growing and developing ever since. So why is Cooley being asked about #InsurTech and Peer-to-Peer (P2P) insurance so often? Answer: because these things are real, they’re growing, and they’re coming to EC3. (In fact, they’re already here.)

Commission Publishes Preliminary Findings of Insurance Block Exemption Review

On 17 March, the European Commission published the preliminary findings of its review of the Insurance Block Exemption Regulation (“IBER”).  The IBER provides a safe harbour from the EU law prohibition of anticompetitive agreements for specific types of insurance industry practice that fall within its scope.

Court of Appeal considers application of Fairchild test in asbestos-induced lung cancer cases

In Heneghan v Manchester Dry Docks Ltd &  Ors [2016] EWCA Civ 86, the Court of Appeal considered whether the Fairchild exception should be applied in a case of multiple exposures to asbestos leading to lung cancer. Like mesothelioma, lung cancer is regarded as an “indivisible” disease – the severity does […]

Lloyd’s CRO urges insurers to contingency plan against the risk of Brexit. Was he right to do so?

Lloyd’s Chief Risk Officer, Sean McGovern, spoke to the Insurance Institute of London yesterday about the impact of a possible Brexit on insurers, reinsurers and brokers. The speech was delivered at a sensitive time, and with some urgency: most commentators expect UK / EU negotiations to finish next week; with […]

Commercial Court considers notification and retroactive date clauses in professional indemnity policy

In ARC Capital Partners Ltd v Brit Syndicates Ltd and QBE Underwriting Ltd [2016] EWHC 141 (Comm) Mr Justice Cooke held that an exclusion clause in a professional indemnity insurance policy which excluded coverage for claims “in any way involving” acts committed prior to a certain cut-off date would not […]

UK Insurance Fraud Taskforce produces its final report

In January 2016 the Insurance Fraud Taskforce produced its final report into the serious issue of fraud in insurance, a problem which is reported to cost more than £3bn each year.

Commercial Court considers jurisdictional issues affecting contribution claims

In XL Insurance Company SE v AXA Corporate Solutions Assurance [2015] EWHC 3431 (Comm), the Commercial Court has held that, pursuant to Article 4 of EU Regulation 1215/2012, it had no jurisdiction to hear a dispute between a French insurance company, AXA Corporate Solutions Assurance (“AXA”) and its UK based […]

Part VII Transfers – when is the Independent Expert obliged to disclose the documents he relies on, as he prepares his report?

In Excess Insurance Company Limited & others, the Court was asked to sanction the transfer of an insurance business from three different insurers to a fourth. The Prudential Regulation Authority and Financial Conduct Authority had no objections; and the Independent Expert (IE) had concluded that, “…the security provided to policyholders would be equivalent or improved after […]