Coverage & Claims

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In European Group Limited and Others v Chartis [2012] EWHC 1245 (QB), Mr Justice Popplewell held that damage to the insured’s property during transportation was proximately caused by an external fortuitous accident or casualty, and therefore there was no room for “inherent vice” to be an additional proximate cause. …
Read More UK: English High Court Interprets “50/50” and “Inherent Vice” Clauses

In the latest development in the “Toxic Sofa” litigation (see our blogs of 30 March 2010 and 29 April 2010), the High Court has ruled in (1) Argos Ltd (2) Homebase Ltd and Others v Leather Trade House Ltd (Formerly BLC Leather Technology Centre Ltd) [2012] EWHC 1348 (QB) that Argos and Homebase are able to recover by way of an indemnity from Leather Trade House the sums they had paid out to victims of a harmful anti-fungal chemical used in their leather sofas. …
Read More UK: Negligent Advisers to indemnify Argos and Homebase in “Toxic Sofa” Litigation

The U.S. Re Under 40s Group’s next event will take place on May 31 at Edwards Wildman’s New York office.  The event, co-sponsored by Edwards Wildman and WeiserMazars, will include a panel discussion about the current Professional Liability Market. …
Read More REMINDER – THURSDAY EVENING at 6:00 pm in New York – Join the U.S. Re Under 40s Group for its next Educational Event – Developments & Trends in Professional Liability – Cyber, D&O and E&O

The U.S. Re Under 40s Group’s next event will take place on May 31 at Edwards Wildman’s New York office.  The event, sponsored by WeiserMazars, will include a panel discussion about the current Professional Liability Market. …
Read More Join the U.S. Re Under 40s Group on May 31 for its next Educational Event – Developments & Trends in Professional Liability – Cyber, D&O and E&O

In Elafonissos Fishing & Shipping Co v Aigaion Insurance Co SA (2012) EWHC 892 (Comm), the defendant insurers, Aigaion Insurance Co SA (Aigaion), sought to re-amend its Defence to a claim brought by the claimant, Elafonissos Fishing & Shipping Co (Elafonissos), under a policy for marine insurance in relation to a damaged vessel, and to adduce expert evidence in support of its amendments. …
Read More UK: Late Application by Insurer to Re-Amend Defence Succeeds in Part

In Atlasnavios-Navegação, LDA v. Navigators Insurance Company Limited & Others [2012] EWHC 802 (Comm), the Commercial Court had to decide, as a preliminary issue, the meaning of clause 4.1.5 of a war risks policy, which incorporated the Institute War and Strikes Clauses 1.10.83 (the Policy). …
Read More UK: Court of Appeal Construes War Risks Policy Exclusion According to its Plain Meaning

The High Court has ruled that a manufacturer claiming the “invoice value” of lost goods under an insurance contract governed by the Marine Insurance Act 1906 (the MIA), can claim the goods’ full retail value, notwithstanding that some of the lost goods were unfinished. …
Read More UK: High Court Considers the Insurable Value of Lost Goods Under an Insurance Contract Governed by the MIA

In Sherdley & Anr v Nordea Life and Pension SA the Court of Appeal was asked to examine whether the English Court had jurisdiction to try a claim brought by British nationals who were not, at the time proceedings were commenced, resident in the UK. The judge at first instance, Mr Justice Vos, had held that the English Court did not have jurisdiction to try the claim. …
Read More UK: Court of Appeal Confirms it has no Jurisdiction to Hear Consumer Insurance Dispute