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Reasonableness of the premium
The removal of legal aid for personal injury claims and its replacement by conditional fee agreements and after the event (ATE) insurance (taken out by the claimant to cover the risk that his claim will fail and that he will be required to pay the..
Online Published Date:
01 October 2006
Appeared in issue:
Vol 18 No 10 - 01 October 2006
Lien over proceeds of the policy
In marine insurance it is settled law that the placing broker is required to pay the premium. Is it also the case that the broker can, having received the proceeds of a claim, deduct from those proceeds the amount owed to him in respect of the..
Online Published Date:
01 October 2006
Appeared in issue:
Vol 18 No 10 - 01 October 2006
Measure of indemnity
The lengthy and complex decision of HHJ Peter Coulson QC in
Tonkin and another v UK Insurance Ltd [2006] EWHC 1120 (TCC) is largely concerned with questions of fact measuring the costs of reinstatement. There are, however, some points of wider..
Online Published Date:
01 October 2006
Appeared in issue:
Vol 18 No 10 - 01 October 2006
Compliance with conditions affecting coverage
In
M J Harrington Syndicate 2000 v Axa Oyak Sigorta AS [2006] EWHC 112 (Comm) reinsurers sought summary judgment against insurers who had insured a Turkish bank against fidelity losses under a bankers’ blanket bond cover. The reinsurers had..
Online Published Date:
01 October 2006
Appeared in issue:
Vol 18 No 10 - 01 October 2006
Liability for injury in stolen vehicle
Under s151 of the Road Traffic Act 1988, a motor liability insurer is in effect required to satisfy any judgment obtained by the victim of the user of the vehicle. There is, however, an exception for a passenger who knew or ought to have known that..
Online Published Date:
01 October 2006
Appeared in issue:
Vol 18 No 10 - 01 October 2006
Jurisdiction clauses
The main question before the Court of Appeal in
Dornoch Ltd v Mauritius Union Assurance Co Ltd and Mauritius Commercial Bank Ltd [2006] EWCA Civ 389 was whether the English court should assert jurisdiction over a claim by reinsurers for negative..
Online Published Date:
01 October 2006
Appeared in issue:
Vol 18 No 10 - 01 October 2006