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 […]

Commercial Court upholds right of insurer to avoid policy for misrepresentation and non-disclosure

In Dalecroft Properties Ltd v Underwriters [2017] EWHC 1263 (Comm), Mr Richard Salter QC (sitting as a Deputy Judge of the High Court) confirmed the defendant insurers’ right to avoid a property insurance policy following various misrepresentations relating to the state of repair of the insured property and non-disclosures relating […]

High Court revisits the question of the breach of duty of care in relation to mesothelioma

English law has developed a body of principles to address the particular problems posed by mesothelioma. This special area of law is known as the “Fairchild enclave”, a reference to the House of Lords decision in 2002. The Court has adopted a modified test for causation, but the claimant still […]

The Supreme Court considers meaning of the words “a series of related matters or transactions” within an aggregation clause

In the recent Supreme Court decision AIG Europe Ltd v Woodman & Ors [2017] UKSC 18 the court considered the meaning of the words “a series of related matters or transactions” within an aggregation clause in order to determine whether various claims under a professional indemnity insurance policy could be […]

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.