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In the latest development in the “Toxic Sofa” litigation (see our blogs of 30 March 2010 and 29 April 2010), the High Court has ruled in (1) Argos Ltd (2) Homebase Ltd and Others v Leather Trade House Ltd (Formerly BLC Leather Technology Centre Ltd) [2012] EWHC 1348 (QB) that Argos and Homebase are able to recover by way of an indemnity from Leather Trade House the sums they had paid out to victims of a harmful anti-fungal chemical used in their leather sofas. …
Read More UK: Negligent Advisers to indemnify Argos and Homebase in “Toxic Sofa” Litigation

In Sulamerica Cia Nacional de Seguros Sa v Enesa Engenharia SA [2012] EWCA Civ 638, the Court of Appeal found that the decision of Mr Justice Cooke (previously reported here) that an anti-suit injunction in favour of arbitration proceedings was valid would be upheld. …
Read More UK: Court of Appeal Upholds Anti-Suit Injunction in Favour of Arbitration

The Office of Fair Trading (OFT) has provisionally decided to refer the private motor insurance market to the Competition Commission (CC) for an in-depth market investigation, on the basis that it has reasonable grounds to suspect that there are features of the market that prevent, restrict or distort competition. …
Read More UK: OFT Provisionally Decides to Refer Private Motor Insurance Market

In Elafonissos Fishing & Shipping Co v Aigaion Insurance Co SA (2012) EWHC 892 (Comm), the defendant insurers, Aigaion Insurance Co SA (Aigaion), sought to re-amend its Defence to a claim brought by the claimant, Elafonissos Fishing & Shipping Co (Elafonissos), under a policy for marine insurance in relation to a damaged vessel, and to adduce expert evidence in support of its amendments. …
Read More UK: Late Application by Insurer to Re-Amend Defence Succeeds in Part

In Atlasnavios-Navegação, LDA v. Navigators Insurance Company Limited & Others [2012] EWHC 802 (Comm), the Commercial Court had to decide, as a preliminary issue, the meaning of clause 4.1.5 of a war risks policy, which incorporated the Institute War and Strikes Clauses 1.10.83 (the Policy). …
Read More UK: Court of Appeal Construes War Risks Policy Exclusion According to its Plain Meaning

In a speech given at the City & Financial Conference on 19 April 2012, (see our blog here) Julian Adams, Director of Insurance Supervision in the Prudential Business Unit of the Financial Services Authority (FSA), described the supervisory strategy to be followed by the Prudential Regulatory Authority when it takes over responsibility for insurance supervision in 2013. …
Read More UK: FSA Speech: A New Approach to Insurance Regulation & the Implementation of Solvency II – Comments on the Resolution of Insurers

In Travelers Insurance Company and Denton Wilde Sapte v Gauri Advani [2012] EWHC 623 (QB) Sir Raymond Jack held that where a solicitor had acted dishonestly and outside the scope of her employment, the terms of the relevant professional indemnity insurance allowed the insurer to recover amounts paid to fund the defence of that solicitor in negligence proceedings. …
Read More UK: High Court Rules in Relation to Recovery of Monies Paid Out Under Solicitors’ Professional Indemnity Insurance

In Liverpool Victoria Insurance Company v (1) Samina Bashir (2) Faisal Rauf (3) Kaneez Akhtar (4) Mohammed Bashir (5) Kamran Khan, the High Court commended the diligence of the Liverpool Victoria Insurance Company in investigating and pursuing a case of insurance fraud, which recently resulted in custodial sentences for two of the accused. …
Read More UK: Jail for Motor Insurance Fraudsters

In British Waterways v Royal & Sun Alliance Insurance Plc [2012] EWHC 460 (Comm), the High Court held that sums paid by the claimant, British Waterways, in relation to liability for the death of two farmers when a tractor fell into a canal was covered by the policy issued by the defendant, Royal & Sun Alliance Insurance Plc, and that the sums were not excluded as liability “arising out of” the operation of the tractor as a tool. …
Read More UK: High Court Interprets “Arising Out Of” in the Context of an Insurance Policy Exclusion