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Disclosure of documents
In Insurance Law Monthly (Volume 17:August 2005 (pp5–8)) detailed consideration was given to the judgment of Christopher Clarke J in Goshawk Dedicated Ltd v Tyser & Co Ltd [2005] Lloyd’s Rep IR 379. In that case the learned judge..
Online Published Date:
01 March 2006
Appeared in issue:
Vol 18 No 3 - 01 March 2006
Agency
An array of complex issues confronted Andrew Smith J in
ERC Frankona Reinsurance v American National Insurance Co [2005] EWHC 1381 (Comm). Highlighting the most important aspects of the judgment is difficult, but perhaps the most complex point is..
Online Published Date:
01 March 2006
Appeared in issue:
Vol 18 No 3 - 01 March 2006
Duty of assured to mitigate loss
English law does not, outside the marine insurance context, impose upon the assured any duty to take steps to prevent or mitigate loss: as long as the assured has not acted with reckless disregard for the safety of the insured subject matter, he is..
Online Published Date:
01 March 2006
Appeared in issue:
Vol 18 No 3 - 01 March 2006
Increase of risk and good faith
In
Forrest & Sons Ltd v CGU Insurance plc, 23 September 2005, unreported (forthcoming in [2006] Lloyd’s Rep IR) HHJ Kershaw QC in the Manchester District Registry Mercantile Court was faced with a claim under a fire policy, the insurers..
Online Published Date:
01 March 2006
Appeared in issue:
Vol 18 No 3 - 01 March 2006