Coverage & Claims

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The Northern Ireland Executive has published its analysis of the responses to its consultation paper on pleural plaques. The paper is the latest from Northern Ireland in the wake of the House of Lords’ decision in Johnson v NEI International Combustion [2007] UKHL 39 which found that asymptomatic pleural plaques were not compensatable. …
Read More UK: Northern Ireland to Bring Back Compensation for Pleural Plaques

On April 20, 2010, an explosion on the Deepwater Horizon rig in the Gulf of Mexico touched off a subsurface leak in a BP oil well at the ocean’s floor.  At the time, the Deepwater Horizon was reportedly conducting drilling activities pursuant to a contract between Transocean Ltd. and Transocean subsidiaries, and BP America Production Company. …
Read More Lloyd’s Syndicates File Declaratory Judgment Action Against BP

The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer’s right of recovery. 

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Read More UK: Court of Appeal seeks guidance from Europe on an insurer’s right of recovery under the Road Traffic Act 1988

In the case of Kris Motor Spares Limited v Fox Williams LLP [2010] EWHC 1008 the High Court was asked to consider whether the successful party’s after the event insurance premium was reasonable and as such could be recovered from the other side. …
Read More UK: Court Considers the Recoverability of After the Event Insurance Premium

The Massachusetts Supreme Judicial Court recently held that G.L. c. 186 §15, which makes void any indemnification agreement or provision whereby a tenant is obligated to indemnify a landlord, in whole or in part, for the landlord’s own negligence, does not apply to insurance provisions in the lease agreement. …
Read More Massachusetts Supreme Judicial Court Defines Contours of Statute Regulating Indemnification (But Not Insurance Provisions) in Lease Agreements

IRB Brasil Ressegurous SA v CX Reinsurance Company Ltd [2010] EWHC 974 (Comm) concerned an appeal brought by IRB in relation to an arbitration award made in favour of CX Re and against IRB.  The claims arose from losses occurring in the 1970s and 1980s which were later settled by insurers, including CX Re. …
Read More UK: Commercial Court Considers Follow the Settlements Clause, Allocation and Recoverability of IBNR

In World Harbourview Hotel Co. Ltd & Others v ACE Insurance & Others [2010]  HKCFI 327, the High Court of the Hong Kong Special Administrative Region Court of First Instance considered a claim filed under insurance policies in respect of business interruption suffered as a result of the outbreak of Severe Acute Respiratory Syndrome (SARS) in 2003. 

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Read More HK: Insurers Win at Court of First Instance in Severe Acute Respiratory Syndrome Claim Dispute

A Louisiana state Senate Bill, SB 595, would ban insurers from canceling homeowners and commercial property coverage because of Chinese drywall claims.  …
Read More Chinese Drywall – Louisiana Legislature Moves Toward Banning Policy Cancellations and Non-Renewals Based upon Drywall Claims

On Friday April 2, 2010, the U.S. Department of Housing and Urban Development (HUD) and the U.S. Consumer Product Safety Commission (CPSC) issued “interim remediation guidance” to homeowners impacted by Chinese manufactured drywall. 

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Read More Chinese Drywall – HUD and CPSC Issue Guidance on Remediation of Chinese Drywall