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Insurance Law Monthly
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Articles for April 2007
The divisibility of rights
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01 April 2007
In Insurance Law Monthly (Volume 18: July (pp 11–12)) there was brief discussion of the first instance decision of Langley J in Brit Syndicates Ltd and others v Italaudit SpA [2006] EWHC 341 (Comm). The..
Follow the settlements
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01 April 2007
The obligation of reinsurers to follow the bona fide and businesslike settlements of their reinsured where the reinsurance agreement contains a follow the settlements clause is too well established to be doubted. In
English and..
The nature of the insurers’ rights over a subrogated claim
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01 April 2007
After some dispute, it is now settled that subrogation rights are equitable in nature. It is beyond doubt that once the insurers have indemnified the assured and there has been a claim against the third..
Liability of insurers for third party costs
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01 April 2007
Under s51 of the Supreme Court Act 1981, the High Court has a discretion as to the award of costs in proceedings, and in particular – under s51(3) – ‘The court shall have full power..
Proceedings in the EEA
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01 April 2007
In its controversial decision in Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd [2005] 1 Lloyd’s Rep 67, the Court of Appeal established, albeit only for the purposes of English..
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