UK: Service of Proceedings Out of the Jurisdiction
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UK: The Law Commission Revisits the Illegality Defence
On 26 January 2009 the Law Commission published a Consultation Paper on the long criticised illegality defence. …
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UK: Court of Appeal Rules that Cover Terminates on a Material Change of Facts Stated in Proposal Form
In Qayyum Ansari v New India Assurance Ltd [2009] EWCA Civ 93 the Court of Appeal considered Qayyum Ansari’s (Ansari) appeal against the decision at first instance that Ansari’s claim under his insurance policy with New India Assurance (NIA) should be dismissed. …
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CEIOPS Highlights Improved Performance of Authorities in the Supervision of Cross-Border Insurance Groups
The Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) recently published a report on the results of its survey on the practical supervisory co-operation by Coordination Committees under the Solvency I framework. The survey was sent to the ‘lead’ supervisors of all 110 cross-border insurance groups. …
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Florida Insurance Commissioner Conditionally Approves State Farm Withdrawal Plan
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First Private Company Authorized to Compete in Costa Rican Insurance Market
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PERILS AG: European Catastrophe Data Company Established
A group of European insurers and reinsurers, including Allianz, AXA, Munich Re, Swiss Re and Zurich, have established PERILS AG, based in Zurich, to collect and provide industry-wide European catastrophe insurance data. PERILS is intended to provide a service similar to that provided by Property Claims Services (PCS) in relation to US catastrophes. …
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UK: Dornoch v Westminster International – Court Declines to Join Primary Layer Insurers to Action by Excess Insurers
Dornoch v Westminster International [2009] EWHC 201 (Admlty) relates the right of marine insurers under the Marine Insurance Act 1906 to take over a vessel after it has become a constructive total loss as the result of a collision. …
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Insurance Disputes Involving Chinese Witnesses: Taking Depositions from Chinese Witnesses in Hong Kong
An insurer involved in a dispute or proceeding outside China but in which a Chinese witness may need to give a deposition or statement cannot obtain that deposition or statement in China. China does not permit the taking of depositions or witness statements (even from willing witnesses) in China for a case pending overseas. However, such depositions and witness statements may be taken in Hong Kong. …
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