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At the Future of General Insurance conference on 5 November 2008, Sarah Wilson, the FSA’s insurance sector leader, warned that the insurance industry might find itself under pressure if it fails to reform its practices regarding contract fairness and customer relations. She added that the FSA will be taking a keen look at the sector, particularly in light of the added risks it faces in the current economic climate. …
Read More UK: FSA’s Message to the Industry at the Future of General Insurance Conference

In the case of HLB Kidsons v Lloyd’s Underwriters subscribing to Lloyd’s policy No 621/PK1D000101 & Others [2008] EWCA Civ 1206, the Court of Appeal has given useful guidance on when notification of circumstances which may give rise to a claim is effective. Kidsons was a firm of chartered accountants who sold tax avoidance products through its subsidiary Solutions @ Fiscal Innovation Limited (S@FI). …
Read More UK: Court of Appeal Gives Guidance on When Notification of Circumstances is Enough

In Markel Capital Limited v (1) Gothaer Allgemeine Versicherung AG (2) Continentale Sachversicherung AG and Bloemers & Partners Limited [2008] EWHC 2517 (Comm), the Court was asked to consider a summary judgment application by Markel in respect of its claim for a declaration of non-liability on the ground that a condition precedent to its liability had not been satisfied. The Court also heard an application by the Defendant reinsureds against the broker, Bloemers & Partners, who broked the reinsurance contract to Markel on their behalf. 

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Read More UK: English High Court Examines Whether a Claims Co-Operation Clause had been Agreed as a Term of a Reinsurance Contract

On 5 November, Lloyd’s issued Market Bulletin Y4202, entitled Principles of Enforcement Action (the Bulletin). The Bulletin, prepared by the Market Supervision and Review Committee (the body responsible for investigating matters of potential misconduct) sets out non-exhaustive list of the types of conduct that may result in enforcement action being taken. 

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Read More UK: Lloyd’s Issues Guidance on When it Will Take Enforcement Action

In an earlier consultation paper, CP08/8, it was proposed by the FSA that the current tariff measure for insurance providers be altered so that it was no longer based solely on annual net premium, but also took into account the level of technical liabilities/reserves. …
Read More UK: Tariff Changes to Insurers’ Financial Services Compensation Scheme (FSCS) Contributions Announced in FSA Consultation Paper 08/11

With the European Court of Justice’s (ECJ) decision in the case of Allianz SPA v West Tankers pending, a decision which will have major implications on EU national courts’ jurisdiction in relation to arbitration clauses (click here to read the previous blog on this case), the High Court has ruled that it does enjoy jurisdiction under Council Regulation (EC) No. 44/2001 (Regulation) in an insurance and arbitration related matter. …
Read More UK: High Court has Jurisdiction in Insurance and Arbitration Matter

The IPT Tribunal has ruled that an administration fee payable to Homeserve GB Limited (Homeserve), an FSA authorised insurance intermediary, is subject to IPT, notwithstanding that the fee was payable under an administration contract which was separate from the insurance policy. …
Read More UK: Insurance Premium Tax (IPT) Attributable to Separately Identified Contracts

In July 2007 the Law Commission published a Consultation Paper that made provisional proposals and asked questions in relation to both business and consumer insurance on the specific issues of misrepresentation, non-disclosure and breach of warranty.  The Law Commission has now published a summary of the responses it received to the Consultation Paper in so far as they relate to the reform of business insurance law. …
Read More UK: Law Commission Publishes Summary of Responses Regarding Reform of Business Insurance Law