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The Law Commission has today published its draft Bill on Consumer Insurance Law: Pre-Contract Disclosure and Misrepresentation. It applies only to consumer insurance contracts, ie. contracts of insurance bought by individuals for purposes wholly or mainly unrelated to their trade, business or profession. It also only deals with the issue of what a consumer must tell an insurer before entering into or varying an insurance contract. 

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Read More UK: Insurance Contract Law Reform – Draft Bill on Consumer Insurance Law: Pre-Contract Disclosure and Misrepresentation

As reported here, the Third Parties (Rights Against Insurers) Bill is slowly making its way through the UK parliamentary process. The proposed legislation, to allow claimants to sue an insolvent defendant’s insurer without having to establish the defendant’s liability first, is due for another reading in the House of Lords today. 

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Read More UK: Third Parties (Rights Against Insurers) Bill, 2nd Reading in House of Lords

Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department recently published its latest Newsletter, Insurance & Reinsurance Review – December 2009, which contains eight articles about various topics in the insurance and reinsurance industry. 

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Read More Insurance and Reinsurance Review – December 2009

The Third Parties (Rights Against Insurers) Bill (the Bill) had its 1st reading in the House of Lords on 23 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. …
Read More UK: Third Parties (Rights against Insurers) Bill Introduced Into Parliament

In Accentuate Limited v Asigra Inc (A company incorporated under the laws of Canada) [2009] EWHC 265, the English Court was asked to overturn the earlier decision of a District Judge which set aside an order giving the English claimant, Accentuate, leave to serve the Canadian defendant, Asigra, outside the jurisdiction and which granted a stay of proceedings. 

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Read More UK: English High Court Refuses to Enforce a Canadian Arbitration Award Which Failed to Give Effect to Mandatory EU Regulations

We have previously reported on the first instance decision of Maher v Groupama Est [2009] EWHC 38 (QB) in which the English Court considered two preliminary issues in proceedings brought by English claimants in London, against the French insurer, Groupama, for damages they incurred in an accident in France, in which the French insured was killed. 

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Read More UK: Court of Appeal Decides Both English and French Law Are Relevant in Dispute Between English Claimants and French Insurers

A cause of action in tort may accrue at the time an insurance policy was issued, and not when a claim could eventually be made under that policy, if a negligent failure led to the policy being issued. 

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Read More UK: Court of Appeal Holds that a Cause of Action May Arise Upon Inception of an Insurance Policy