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Waiver of breach of condition precedent
The decision of the Court of Appeal in
Kosmar Villa Holidays plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147 will be welcomed by insurers. The Court of Appeal has in effect reduced the risk of insurers being precluded from relying upon a..
Online Published Date:
01 May 2008
Appeared in issue:
Vol 20 No 5 - 01 May 2008
Radiation exclusion
A short question of construction faced Mr Justice Tomlinson in
Outokumpu Stainless Ltd v Axa Global Risks (UK) Ltd [2007] EWHC 2555 (Comm). The problem caused by this case was a familiar one, that of words being used in different ways in different..
Online Published Date:
01 May 2008
Appeared in issue:
Vol 20 No 5 - 01 May 2008
The Law Commissions’ issues paper
The reform process of English and Scottish insurance law continues apace. Having produced three issues papers and a consultation document on utmost good faith, warranties and intermediaries, the English and Scottish Law Commissions have now moved to..
Online Published Date:
01 May 2008
Appeared in issue:
Vol 20 No 5 - 01 May 2008