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Allianz Insurance Company – Eygpt (“Allianz”) v. Aigaion Insurance Company S.A. (“Aigaion”) EWCA Civ 1455 concerned the issue of whether negotiations for marine reinsurance had concluded in a contract. The negotiations were conducted via a broker between offices in different countries. …
Read More UK: Court of Appeal Considers Effect of Contractual Negotiations Conducted by E-mail

In our September 2008 Insurance and Reinsurance Review  we summarised the decision in Barclay v British Airways  (2008 1 CLC 253) in which the Court considered the meaning of “accident” in the context of Article 17.1 of the Montreal Convention 1999 (the Convention). 

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Read More UK: Meaning of Accident Slips into the Court of Appeal – Barclay v. British Airways

The recent case of Van Der Giessen-de-Noord Shipbuilding Division B.V. v Imtech Marine & Offshore B.V. [2008] EWHC 2904 concerned the challenge to an arbitration award arising out of a marine construction dispute. Imtech had been hired by Van Der Giessen-de-Noord (GN) to carry out electrical works on a ship GN was building for Brittany Ferries. The works apparently suffered from delays, disruption and extra work which resulted in Imtech making a claim against GM and GM making a counter claim. 

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Read More UK: High Court Judge Sets Aside Arbitration Award Because of Irregularity and Unfairness

In the recent case of Downs v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2666 Mr Justice Collins was asked to consider whether the defendant was complying with EC Directive (91/414/EEC) (the Directive) which was implemented in the UK by the Plant Protection Products Regulations 2005. …
Read More UK: High Court’s Decision Regarding Crop Spraying May Open the Way to New Personal Injury Liability

The Court of Appeal case of Pratt v Aigaion Insurance [2008] EWCA 1314 concerned the construction of a warranty in an insurance policy. While the judge at first instance found that the clause meant exactly what it said, the Court of Appeal held that the literal meaning could not have been intended by the parties. 

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Read More UK: Pratt v Aigaion Insurance – When Does a Warranty Mean What it Says?

The FSA has brought forward the date from which it will fully integrate TCF into its supervisory work from September 2009 to January 2009. Jon Pain, managing director of retail markets at the FSA, stated that the announcement means: “the FSA can deliver the benefit from the TCF programme more quickly. Our focus will be on the outcome for consumers. 

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Read More UK: Integration of the Treating Customers Fairly (TCF) Initiative Into the Core Supervisory Work of the Financial Services Authority (FSA)

The Office of Fair Trading, on 7 February 2007, referred the supply of PPI to non business customers in the UK to the CC. The subsequent CC investigation found that the vast majority of policies are sold at the same time that consumers take out loans or other credit and that consumers rarely shop around or switch PPI providers. 

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Read More UK: Competition Commission (CC) Publishes its Proposals to Increase Competition in the Payment Protection Insurance (PPI) Market (the Provisional Decision)

The FSA continues to monitor insurance comparison websites to ensure that information is conveyed to the public in a clear, fair and not misleading way. In doing so, the FSA has revisited the 17 websites that were originally assessed in May 2008 to gauge where and how progress has been made since the initial review. 

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Read More UK: Financial Services Authority (FSA) Review of Insurance Comparison Websites