Coverage & Claims

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In Milton Keynes Borough Council v (1) Michael Nulty, Deceased (2) Wing Bat Security Ltd (Formerly DBI Support Services Ltd) and (3) National Insurance & Guarantee Corporation Ltd : National Insurance & Guarantee Corporation Ltd v (1) Michael Nulty, Deceased (2) Milton Keynes Borough Council (2011) EWHC 2847 (TCC), two parallel actions, the High Court was required to determine the cause of two fires at a recycling centre, and the extent of the liability of the National Insurance & Guarantee Corporation Ltd (NIG) to indemnify the first defendant, Mr Nulty, if he was found by the court to have caused the fires. …
Read More UK: High Court Quantifies an Insurer’s Loss of Opportunity to Secure a Different Result

In The Seashell of Lisson Grove Ltd & Ors v Aviva Insurance & Ors [2011] EWHC 1761 (Comm), Mr Justice Teare decided three preliminary issues in relation to the construction of clauses in property insurance contracts which purported to ameliorate the effects of breaches of warranty and misrepresentations and non-disclosures. Teare J found for the insured on each issue, as set out below. …
Read More UK: High Court Upholds Non-invalidation Clauses in Relation to Breaches of Warranty in Insurance Contracts

The Commercial Court has held that a “follow the leader” clause was to have a broad application and was not restricted to quantum unless there was clear language indicating such restriction. …
Read More UK: Court Finds a ‘Follow the Leader’ Clause Applies to Both Quantum and Liability Issues

In French v Groupama Insurance Company Ltd (Groupama) [2011] EWCA Civ 1119, the Court of Appeal found that a settlement offer made in a letter from Groupama to French dated 15 February 2007 did not comply with either the previous or current requirements of CPR Part 36 (a procedure allowing parties to make settlement offers which if not accepted have certain costs consequences should the principal sum awarded by the Court be higher or lower than the sum offered). …
Read More UK: Court of Appeal Decision on CPR Part 36 Offers

This case (Case C-442/10, Churchill Insurance Company Limited v Benjamin and Tracy Evans v Equity Claims Limited) which arose out of two references to the European Court of Justice (ECJ) made in separate cases before the English courts, concerned an issue unique to the system of vehicle insurance in the UK. In the UK, motor insurance policies are personal policies, such that only the person insured, or drivers nominated by the insured, are covered for damage caused while driving the vehicle. …
Read More EU: Advocate General Gives Opinion in Relation to the Insurance of Injuries Caused by Unauthorised Drivers

The Court of Appeal has overturned a High Court judgment on the meaning of an arbitration clause and clarified the meaning of “claim” in a public liability policy. …
Read More UK: Court of Appeal Rules on the Meaning of “Claim” and When Liability Accrues Under an Indemnity Policy

In Mizuho Corporate Bank Ltd. v. Reliance Insurance Co. In Liquidation, No. 1 REL 2005 (Pa. Cmwlth. Aug. 8, 2011), a Pennsylvania court determined that claims for losses stemming from a failed motion picture arose under an insurance policy, rather than under financial guaranties.
Read More Court Finds Claims Arising from Insurance Policy, not from Financial Guaranties

While making an arrested of the insured, a Marlborough police officer broke his ankle and was otherwise injured. …
Read More Massachusetts SJC Holds Homeowners Liability Insurer Can’t Use Guilty Plea in Related Criminal Action to Deny Coverage Under Intentional and Criminal Acts Exclusion