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In (1) Christine Brown-Quinn (2) Webster Dixon LLP & Ors v (1) Equity Syndicate Management Ltd (2) Motorplus Ltd [2012] EWCA Civ 1633, the Court of Appeal held that conditions in a legal expenses insurance contract were in breach of the Insurance Companies (Legal Expenses Insurance) Regulations 1990 reg.6 (the Regulations). …
Read More UK: Court of Appeal Finds Conditions in a Legal Expenses Insurance Contract to be in Breach of Regulations

The Competition Commission (CC) has released an issues statement and timetable for its market investigation into the supply and acquisition of private motor insurance (PMI) in the United Kingdom. The CC investigation will seek to establish whether any features of the PMI market have the effect of preventing, restricting or distorting competition within that market. …
Read More UK: Competition Commission Publishes Timetable for Private Motor Insurance Investigation

In Howden North America Inc v ACE European Group Ltd [2012] EWCA Civ 1624 the Court of Appeal allowed an appeal by Howden North America Inc (Howden) and set aside the order of Mr Justice Field, which had granted ACE European Group Ltd (ACE) permission to serve out of the jurisdiction (we have previously reported the first instance decision here. …
Read More UK: Court of Appeal Overturns Order Granting Permission to Serve Out of the Jurisdiction

In Christopher Simmons v Derek Castle [2012] EWCA Civ 1288, the Court of Appeal amended the guidance given in the earlier judgment of Simmons v Castle [2012] EWCA Civ 1039 by stating that, with effect from 1 April 2013, the proper level of general damages in all civil claims for six specified heads of loss will be 10% higher than previously, unless the claimant falls within section 44(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the Act). …
Read More UK: Court of Appeal Revises Guidance Regarding Level of General Damages in Civil Claims

In Amlin Corporate Member Ltd v Oriental Assurance Corporation [2012] EWCA Civ 1341, the Court of Appeal upheld the decision of the court of first instance in refusing a stay of English proceedings brought by reinsurers to seek to establish that they were not liable under a contract of reinsurance. …
Read More UK: Court of Appeal Rules ‘Follow the Settlements’ Clause Not Sufficient to Permit a Stay of Proceedings

In Stuart Goodman and Margaret Goodman v Central Capital Limited [2012] EWHC B8 (Mercantile), the court considered a claim brought by the claimants (the Goodmans) in respect of their purchase of a Payment Protection Insurance (PPI) policy through Central Capital Limited (CCL) in relation to a loan agreement. …
Read More UK: Court Throws Out PPI Claim, Favouring Contemporaneous Evidence Over Claimant Witness Statements

In Ace European Ltd & 5 ors v (1) Howden Group (2) Howden North America Inc (formerly Howden Buffalo Inc) [2012] EWHC 2427 (Comm), Mr Justice Field upheld his prior order granting permission to the claimant insurers (the Claimants), to serve proceedings seeking declaratory relief, out of the jurisdiction. …
Read More UK: ACE and Others to Serve Proceedings on Howden Out of Jurisdiction

In Parker and Parker v National Farmers Union Mutual Insurance Society Ltd [2012] EWHC 2156 (Comm), the High Court held that the Defendant insurers, National Farmers Union (NFU), could not avoid the claim of the First Claimant, Mrs. Parker, for the non-disclosure of the Second Claimant, Mr. Parker. The claim related to damage caused to a property and its contents by fire. …
Read More UK: Breach of a Condition Precedent Sufficient for Defendant Insurer to Avoid a Claim and Successfully Counterclaim