i-law

Insurance Law Monthly

Third party rights
The Third Parties (Rights against Insurers) Act 1930 allows the third party victim of an insured person to bring a direct action against the assured’s liability insurers in the event that the assured has become involved in an insolvency..
Online Published Date:  01 June 2008
Appeared in issue:  Vol 20 No 6 - 01 June 2008
Policy terms affecting increase of risk
It is settled law that if the assured alters the very nature of the risk being run by the insurers then they are discharged from liability as a matter of common law, but if the assured merely increases the risk of loss then the insurers remain..
Online Published Date:  01 June 2008
Appeared in issue:  Vol 20 No 6 - 01 June 2008
The divisibility of rights
In the April 2007 issue of Insurance Law Monthly there was brief discussion of the decision of the Court of Appeal in Brit Syndicates Ltd and others v Italaudit SpA [2007] Lloyd’s Rep IR 343. The Court of Appeal held that, on the wording of..
Online Published Date:  01 June 2008
Appeared in issue:  Vol 20 No 6 - 01 June 2008
The construction of facultative contracts
The Court of Appeal has, in Wasa International Insurance Co Ltd and AGF Insurance Co Ltd v Lexington Insurance Co [2008] EWCA 896 Civ, taken an important step towards clarifying the law affecting the construction of a reinsurance contract which is..
Online Published Date:  01 June 2008
Appeared in issue:  Vol 20 No 6 - 01 June 2008

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