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.
Waste material used in landfill sites as ‘fluff’ or black bag waste that has been shredded to protect the bottom, sides or top of landfill cells is a “disposal of material as waste” subject to landfill tax, the Court of Appeal in London has decided, overruling a previous decision of the Upper Tribunal.