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On 19 July 2010, the FSA sent a letter to UK insurance firms reminding them of the requirement that terms in legal expenses insurance must not detract from, or qualify in any way, an insured’s freedom to choose a lawyer. …
Read More UK/EU: Legal Expenses Insurance Must Comply with Insured’s Freedom to Choose Lawyer Under EU Directive

In Ghadami and Ghadami v Lyon Cole Insurance Group [2010] EWCA Civ 767, the Court of Appeal considered whether the deputy judge at first instance had erred in assessing that the claimant’s liability was limited to paying the excess of the insurance policy. …
Read More UK: Court of Appeal Considers Whether Lack of Client Care Letter Prevents Recovery of Insured Costs

In B v A [2010] EWHC 1626 (Comm), Mr Justice Tomlinson was asked to determine a preliminary issue concerning whether the claimant (B) had a realistic prospect of challenging an arbitration award (the Award) under sections 67 and 68 of the Arbitration Act 1996 (the Act). …
Read More UK: English Commercial Court Considers Challenge to an Arbitration Award

The Court of Appeal has affirmed a High Court decision that prevents solicitors’ insurers from gaining access to privileged documents held by the Law Society after an intervention in the firm. In Quinn Direct Insurance Ltd v Law Society of England & Wales [2010] EWCA Civ 805 the Court unanimously rejected Quinn’s appeal against the decision of Mr Justice Peter Smith (see our previous blog here). …
Read More UK: Court of Appeal Rejects Insurers’ Appeal for Access to Privileged Documents Held by the Law Society

In Persimmon Homes Ltd v Great Lakes Reinsurance (UK) Plc [2010] EWHC 1705 (Comm), the High Court ruled that dishonesty on the part of a claimant which has taken out after the event (ATE) insurance can amount to a material non-disclosure such that the insurer may avoid the policy. …
Read More UK: English High Court Rules on Purported Avoidance of After the Event Insurance

On 9 July 2010, the Financial Services Authority (FSA) fined David Head £10,500 for putting customers at risk of receiving unsuitable advice on Payment Protection Insurance (PPI). Head, a director of Essex based mortgage and insurance broker network, FT Compliance Services Limited, and an FSA approved person, failed properly to supervise insurance and mortgage brokers who advised on PPI sales. …
Read More UK: FSA Fines Approved Person for Unsuitable PPI Advice

The Law Commission has published an Issues Paper considering the insured’s post-contract duty of good faith, in particular, the law of fraudulent claims, focusing on what remedies should be available to insurers if policyholders act fraudulently. …
Read More UK: Law Commission Publishes Paper on The Insured’s Post-Contract Duty of Good Faith