United Kingdom

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In Markerstudy Insurance Company Ltd and others v Endsleigh Insurance Services Ltd [2010] EWCH 281 (Comm), Mr Justice Steele was asked to determine as a preliminary issue, amongst other things, the true construction of certain exclusion clauses in a number of claims handling agreements (the Agreements) between the four claimants and Endsleigh. 

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Read More UK: High Court Ruling Provides Guidance on Interpretation of Limitation and Exclusion Clauses

The High Court ruled, in Clinton David Jacobs v Motor Insurers’ Bureau [2010] EWHC 231 (QB), that under European Union Regulation 864/2007 (Rome II), Spanish law applied in the case of a UK resident seeking compensation for serious injuries sustained in Spain, at the hands of an uninsured driver, then resident in Spain. 

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Read More UK: English High Court Finds That Rome II Applies to a Motor Compensation Dispute

The Financial Ombudsman Service (FOS) has recently published its second set of consumer complaints data relating to individual financial businesses (which includes insurance companies, banks and investment firms) for the six-month period from 1 July to 31 December 2009. 

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Read More UK: Financial Ombudsman Service Publishes Second Set of Complaints Data

As previously reported here, the Third Parties (Rights Against Insurers) Bill was introduced into Parliament in November 2009. It is designed, in particular, to remedy the shortcomings of current legislation in protecting the rights of third party claimants against insurers of the liabilities of insolvent defendants. 

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Read More UK: Third Party (Rights Against Insurers) Bill

In a statement issued by Justice Secretary Jack Straw, the Government has set out its decision on pleural plaques. As previously reported here, the House of Lords’ decision in  Johnston v NEI International Combustion [2007] UKHL 39 found that asymptomatic pleural plaque claims were not compensatable under the current laws. 

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Read More UK: Government Announces its Decision on Pleural Plaques

The Financial Services Authority (FSA) issued a Dear CEO letter (the Letter) on 23 February 2010 stating that it was concerned that many insurance intermediaries could not demonstrate that they had adequate financial resources. …
Read More UK: Financial Services Authority Reminds Insurance Intermediaries of Financial Resources Requirements