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The accrual of a claim
The key issue in
Mulchrone v Swiss Life (UK) plc [2005] EWHC 1808 (Comm) was the date at which a claim against insurers under a personal injury policy accrued. As is often the case, the policy provided that payments would be deferred for a period..
Online Published Date:
01 June 2006
Appeared in issue:
Vol 18 No 6 - 01 June 2006
Applicable law
Complex issues arise where a contract of insurance and the reinsurance which relates to it are governed by different applicable laws. The view taken by the English courts is that if the parties have intended the insurance and reinsurance to be..
Online Published Date:
01 June 2006
Appeared in issue:
Vol 18 No 6 - 01 June 2006
Construction of policies
The decision of HHJ Peter Coulson QC in
Margate Theatre Royal Trust Ltd v White and another [2005] EWHC 2171 (TCC), forthcoming in [2006] Lloyd’s Rep IR, is on its face concerned only with a short point of construction. Nevertheless, some..
Online Published Date:
01 June 2006
Appeared in issue:
Vol 18 No 6 - 01 June 2006
The meaning of ‘accidental’
The June 2005 issue of Insurance Law Monthly discussed the decision of Wilkie J in Hawley v Luminar Leisure plc [2005] EWHC 5 (QB), the learned judge there holding that, for the purposes of a liability policy providing cover against liability for..
Online Published Date:
01 June 2006
Appeared in issue:
Vol 18 No 6 - 01 June 2006
Dishonesty, overvaluation and impecuniosity
The Court of Appeal in
North Star Shipping Ltd v Sphere Drake Insurance plc [2006] EWCA Civ 378 has upheld the first instance judgment of Colman J ([2005] 2 Lloyd’s Rep 76; see Insurance Law Monthly (Volume 17: December (pp6–9))),..
Online Published Date:
01 June 2006
Appeared in issue:
Vol 18 No 6 - 01 June 2006