The High Court has ruled that a manufacturer claiming the “invoice value” of lost goods under an insurance contract governed by the Marine Insurance Act 1906 (the MIA), can claim the goods’ full retail value, notwithstanding that some of the lost goods were unfinished.
Read More UK: High Court Considers the Insurable Value of Lost Goods Under an Insurance Contract Governed by the MIA
United Kingdom
UK: FSA Moves to “Twin Peaks” Model
On 2 April 2012, the UK Financial Services Authority (FSA) moved to a “twin peaks” model of supervision internally, shadowing the split of the FSA into the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) that will occur once the Financial Services Bill comes into force in 2013. …
Read More UK: FSA Moves to “Twin Peaks” Model
UK: Part VII Transfers: Proactive, Judgment Led, Intrusive Regulation – the Beginning of a Trend?
On 16 March 2012, Mr Justice Morgan handed down his judgment on an application for directions on the Part VII transfer of the UK insurance business of the Combined Insurance Company of America (CICA) to ACE European Group Limited (AEG) and ACE Europe Life Limited (AEL) (click here for a copy of the judgment). …
Read More UK: Part VII Transfers: Proactive, Judgment Led, Intrusive Regulation – the Beginning of a Trend?
UK: Light on the Trigger – Supreme Court Decision in the EL Trigger Litigation
The Supreme Court has handed down its decision in the Employers’ Liability Insurance Trigger Litigation (see judgment here). The ruling has provided clear rules governing how EL policies should respond to mesothelioma claims. …
Read More UK: Light on the Trigger – Supreme Court Decision in the EL Trigger Litigation
UK: Enforcement of Declaratory Arbitral Awards is Confirmed by the Court of Appeal
The Court of Appeal has confirmed that a declaratory award under section 66 of the Arbitration Act can be enforced by the English courts in the same manner as a judgment. …
Read More UK: Enforcement of Declaratory Arbitral Awards is Confirmed by the Court of Appeal
UK: Consumer Insurance (Disclosure & Representations) Act 2012: Summary & Commentary
The Consumer Insurance (Disclosure & Representations) Act 2012 received Royal Assent on 8 March 2012 (click here for the text). It’s short and tolerably clear, but its effect is wider and deeper than you might expect. …
Read More UK: Consumer Insurance (Disclosure & Representations) Act 2012: Summary & Commentary
UK: FSA Provides Guidance on Customer Letters Following PPI Misselling
On 6 March 2012, the UK Financial Services Authority (FSA) published guidance on the information which firms must provide when contacting customers who may have been missold payment protection insurance (PPI). The new guidance sets out what the FSA considers a customer contact letter should contain and how it should be presented so that it is clear, fair and not misleading. …
Read More UK: FSA Provides Guidance on Customer Letters Following PPI Misselling
UK: Court of Appeal Confirms it has no Jurisdiction to Hear Consumer Insurance Dispute
In Sherdley & Anr v Nordea Life and Pension SA the Court of Appeal was asked to examine whether the English Court had jurisdiction to try a claim brought by British nationals who were not, at the time proceedings were commenced, resident in the UK. The judge at first instance, Mr Justice Vos, had held that the English Court did not have jurisdiction to try the claim. …
Read More UK: Court of Appeal Confirms it has no Jurisdiction to Hear Consumer Insurance Dispute
UK: Law Society and Solicitors Regulation Authority Join Forces to Intervene in a Landmark Professional Indemnity Insurance Case
The Law Society of England and Wales and the Solicitors Regulation Authority (SRA) have been granted leave by the High Court to intervene in the case of Godiva Mortgage Limited v Travelers Insurance in which Travelers is arguing that it is entitled to cap cover by aggregating claims made against its insured, Willmett Solicitors, a Berkshire firm now in liquidation. …
Read More UK: Law Society and Solicitors Regulation Authority Join Forces to Intervene in a Landmark Professional Indemnity Insurance Case
UK: Transfer of Interests in Lloyd’s Corporate Members
In a market bulletin published on 14 February 2012, Lloyd’s announced a new Code of Practice and Guidance note in relation to the transfer of interests in Lloyd’s corporate members. Greater consideration is now being given to acquiring interests in corporate members as a means of acquiring underwriting capacity outside of the capacity auctions. …
Read More UK: Transfer of Interests in Lloyd’s Corporate Members