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Insurance Law Monthly
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Articles for December 2006
Follow the settlements
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01 December 2006
The effects of a follow the settlements clause in a reinsurance contract are well known. The clause removes the need for the reinsured to prove actual liability at law to the assured. Instead, it suffices..
A continuing duty of care?
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01 December 2006
There is very little authority on the scope of a broker’s duty of care after the insurance contract has been effected by him. The point arose in
Great North Eastern Railway Ltd v JLT Corporate..
The Motor Insurers’ Bureau
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01 December 2006
Clause 5.1(e) of the Motor Insurers’ Bureau (MIB) Uninsured Drivers’ Agreement 1999 removes the liability of the MIB to indemnify a passenger where that passenger knew or ought to have known that the driver was..
Cooperation with insurers
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01 December 2006
In
Shinedean Ltd v (1) Alldown Demolition (London) Ltd (2) AXA Insurance UK plc [2005] EWHC 2319 (TCC) HHJ Richard Havery QC cast doubt on the efficacy of claims cooperation clauses, the Court holding that..
The undisclosed principal doctrine
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01 December 2006
In Insurance Law Monthly (Volume 18: May (pp3–7)) there was detailed discussion of the decision of Cooke J in
Talbot Underwriting v Nausch Hogan & Murray, The Jascon 5 [2005] EWHC 2359 (Comm). The outcome..
Compliance with claims conditions
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01 December 2006
Diab v Regent Insurance Co Ltd, June 2006, unreported a decision of the Privy Council on appeal from Belize, raised a number of important issues on the effect of the failure of the assured to..
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