i-law.com - Newsletter (Insurance Law Monthly)

Liability for failing to insure

Phillips & Co v Whatley (Gilbraltar) [2007] UKPC 28, an appeal to the Privy Council from Gibraltar, is on its face nothing to do with intermediaries. It is a case in which an employee injured at work lost a claim against his insurers by reason..

Online Published Date: 01 November 2007

Appeared in issue: Vol 19 No 11 - 01 November 2007

Damage caused by defects

Product liability policies typically indemnify the assured for loss of, or damage to, property caused by a defect in a product, but not for the cost of making good the defect in the product itself. It is settled law in England that if a defective..

Online Published Date: 01 November 2007

Appeared in issue: Vol 19 No 11 - 01 November 2007

Commission

United Insurance Co of Libya v Aon Ltd [2007] EWHC 1583 (Comm) is a lengthy judgment of Langley J which turns purely on the facts before him. The case concerned the relationship between a broker and its client reinsured, and in particular whether..

Online Published Date: 01 November 2007

Appeared in issue: Vol 19 No 11 - 01 November 2007

After the event policies

The development of ‘after the event’ (ATE) liability policies to fund litigation has generated a mass of complex litigation relating to the conduct of solicitors, the operation of the Consumer Credit Act 1974 and the role of insurance in..

Online Published Date: 01 November 2007

Appeared in issue: Vol 19 No 11 - 01 November 2007

Effect of insurers opting to reinstate

Property insurers generally reserve to themselves in the policy the right to reinstate buildings as an alternative to paying the assured an indemnity based upon repairing costs. If they elect to reinstate, the insurance contract is converted into a..

Online Published Date: 01 November 2007

Appeared in issue: Vol 19 No 11 - 01 November 2007

The hire of replacement vehicles

There is now a good deal of authority on the recoverability by the victim of a motor vehicle accident of the costs of hiring a replacement vehicle pending repairs to his own damaged vehicle. The sums in any one case are relatively small, but in..

Online Published Date: 01 November 2007

Appeared in issue: Vol 19 No 11 - 01 November 2007

Passengers

European Union law requires all passengers to be covered by compulsory liability insurance in respect of death or personal injury. The question referred to the European Court of Justice in Farrell and Whitty v Motor Insurers Bureau of Ireland (Case..

Online Published Date: 01 November 2007

Appeared in issue: Vol 19 No 11 - 01 November 2007