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In Jonathan Smyth v St Andrew’s Insurance plc [2012] EWHC 2511 (QB) Mr John Randall QC (sitting as a Deputy High Court Judge) held that defendant insurers (St Andrew’s) had failed to establish that the claimant’s (Smyth) partner had deliberately started a fire which had caused extensive damage to Smyth’s property, and thus St Andrews could not avail itself of a clause in the relevant insurance policy which excluded damage caused by Smyth’s “family”. …
Read More UK: English High Court Rules on Application of Exclusion for Deliberate Damage in a House Insurance Policy

In a subrogated claim, a restaurant owner’s insurer pursued negligent contractors whose faulty repairs following a flood caused further material damage and loss of profits. The High Court held that the contractors were liable only for reasonable costs of reinstatement, and in a quantum assessment, the reinstatement costs actually incurred should be considered no more than a starting point. …
Read More UK: High Court Considers Basis of Assessment of Reasonable Costs of Reinstatement

The second annual C5 conference was co-chaired by Ben Beeson of Lockton and Laurie Kamaiko of Edwards Wildman. The initial focus addressed the controversial questions of whether the cyber insurance market was failing to offer a meaningful solution to current day cyber risk, the struggle to remain relevant in the current business market, and whether the UK market would evolve the same as the US market, in light of the impending focus on data breaches with the upcoming European Commission’s Draft Regulation on Data Protection that is likely to impose notice requirements. …
Read More Second Annual C5 Cyber Risk & Data Protection Insurance Conference held in London on 9 October and 10 October

In Zeckler v Assigned Risk Pool Manager Capita Commercial Services Ltd [2012], the High Court held, on appeal, that the Solicitors Indemnity Insurance Rules 2009 r.10.3 (the Rule) could not be relied upon to hold personally liable a partner in a limited liability partnership for the partnership’s unpaid professional indemnity insurance premiums. …
Read More UK: High Court Rules Limited Liability Partner not Liable for Firm’s Indemnity Insurance Premium

The Office of Fair Trading (OFT) had today referred the private motor insurance market to the Competition Commission (CC) for an in-depth market investigation under the Enterprise Act 2002, on the basis that it had reasonable grounds to suspect that there are features of the market that prevent, restrict or distort competition. …
Read More UK: OFT refers private motor insurance market to the CC

Edwards Wildman Palmer LLP is pleased to announce that Reactions, a leading insurance publication, has named the firm “Best Global Law Firm of the Year” at its Global Awards. The awards were presented at the Reactions Global Awards Gala Dinner on September 19 in New York. …
Read More Edwards Wildman Honored as ‘Best Global Law Firm of the Year’ by Reactions

In Itochu Corporation v Johann MK Blumenthal GMBH [2012] EWCA Civ 996 the Court of Appeal refused to grant permission to appeal an order granted by Mr Justice Andrew Smith that a sole arbitrator be appointed in an arbitration between the applicants, Itochu Corporation (Itochu) and the respondents, Johann MK Blumenthal GMBH (Johann). …
Read More UK: Court of Appeal Rules on Scope of Appeals Under S18 of the Arbitration Act

In Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980, the Court of Appeal ruled that the judge at first instance, Judge Beatson, was entitled to conclude that English proceedings would serve a useful purpose when he refused to set aside a service out of the jurisdiction of negative declaratory proceedings by Faraday against Howden. …
Read More UK: Court of Appeal Affirms Decision to Refuse to Set Aside Service Out of Jurisdiction

On 25 July 2012 two papers were published which may affect the way in which EL insurers deal with mesothelioma victims who cannot trace their employers or EL insurers. …
Read More UK Government and the FSA propose changes to the treatment of mesothelioma victims who cannot trace their employers or EL insurers