i-law

Insurance Law Monthly

Notification obligations
The Court of Appeal in Tioxide Europe Ltd v CGU International plc [2005] EWCA Civ 928 has upheld the first instance decision of Langley J ([2005] Lloyd’s Rep IR 114) but the appeal was confined to a threshold issue concerning the validity of..
Online Published Date:  01 February 2006
Loss of software
The Court of Appeal has, in Tektrol Ltd v International Insurance Co of Hanover Ltd [2005] EWCA Civ 845, forthcoming in [2006] Lloyd’s Rep IR, reversed the decision of Langley J in which the learned judge denied recovery under an all risks..
Online Published Date:  01 February 2006
Exclusive jurisdiction clauses in European cases
The Brussels Convention 1968, now replaced in a modified form by European Council Regulation 44/2001/EC, sets out special jurisdictional rules in respect of policyholders domiciled within the European Union. Those rules are predicated on the..
Online Published Date:  01 February 2006
Limitation of actions and causation
Gaughan v Tony McDonagh & Co Ltd [2005] EWHC 739 (Comm) is a short judgment of Gloster J, concerned with the running of time for an action for breach of duty against a firm of insurance brokers and also the possible existence of the defence that..
Online Published Date:  01 February 2006
Implied terms in reinsurance agreements
Ever since Phoenix v Halvanon [1985] 2 Lloyd’s Rep 599 the London reinsurance market has worked on the basis that the courts will imply into obligatory and facultative reinsurance agreements a variety of terms for the protection of reinsurers...
Online Published Date:  01 February 2006

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