Out-Law / Your Daily Need-To-Know

Recent insurance cases

14 Jul 2008, 12:59 pm

William Mcllroy Swindon v Quinn Insurance (18/07/2011) No dispute about an insurer's "liability in respect of a claim or the amount to be paid” could have arisen until the insured's liability to...

William Mcllroy Swindon v Quinn Insurance (18/07/2011)
No dispute about an insurer's "liability in respect of a claim or the amount to be paid” could have arisen until the insured's liability to third party claimants had been established by judgment, arbitration award or settlement.
Gard Marine v Lloyd Tunnicliffe
(30/06/2011)
The notation (100%) has a recognised meaning in the offshore energy market. When applied to an excess in a facultative reinsurance it meant the excess point would be adjusted to reflect the insured's interest in the relevant asset.
Heather Moor & Edgecomb v UK (14/06/2011)
The Financial Ombudsman Service had not breached Article 6 of the European Convention on Human Rights by refusing a firm's application for an oral hearing.
Sienkiewicz v Greif (09/03/2011)
Following Fairchild, a defendant in a mesothelioma claim would be liable if the negligent exposure materially increased the risk of the claimant developing the disease. This applied whether there was a single defendant or multiple defendants.
Sousa v Waltham Forest (11/03/2011)
An insured bringing a subrogation claim under a conditional fee agreement was entitled to recover his lawyer’s success fee from the defendant, even though he had an indemnity from his insurer against costs.
AXA Seguros v Allianz (02/03/2011)
Civil engineers’ reports commissioned by reinsurers after a loss were not subject to litigation privilege because they were not produced for the dominant purpose of litigation.