i-law

Insurance & Reinsurance

Insurance law in 2023: a review of developments in case law

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This review, written by Aybüke Naz Durmuş, covers important court decisions in the field of insurance and reinsurance in 2023. It addresses the most significant judgments of the year, including major appellate decisions in the area, and first instance decisions dealing with important points of principle.

Access it here: https://www.i-law.com/ilaw/doc/view.htm?id=437859

Professional Negligence

Service Issue 44 February 2024 now available

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Service Issue 44 (February 2024) of Professional Negligence and Liability includes updates to the following chapters:

Chapter 1 The Nature of Professional Liability

Chapter 2 Damages

Chapter 5 The Insurance of Professional Indemnity Risks

Chapter 11  Underwriting Agents: Lloyd's and Generally

Chapter 12 Financial Advisers

Chapter 16 Patent and Trade Mark Attorneys

Chapter 17 Auctioneers

Chapter 22 Public Authorities

Chapter 25 Veterinary Surgeons

Professional Negligence and Liability, edited by Mark Simpson KC, with contributions from over 50 experts, contains chapters on professions including Bankers, Architects, Surveyors, Solicitors, Financial Advisers, Accountants, Clinical Practitioners, Public Authorities and Barristers.

New book available

The Global Insurance Market and Change, 1st Edition

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The Global Insurance Market and Change focuses on the global landscape in which insurance is transacted, and where it is evolving, driven from within by transformative technologies and externally by the necessity to address risks like climate change and health crises, such as the COVID-19 pandemic.

It discusses the dynamic challenges and opportunities that lie ahead for the industry in areas such as on-demand insurance, embedded insurance, parametric insurance, autonomous vehicles, the rise of fintech, the cyber risk landscape and through initiatives driven by distributed ledger technology or blockchain solutions.

This book examines innovations in insurance driven by the industry as well as externally imposed changes and dynamics impacting the industry. It describes these changes, the industry’s responses and the legal framework in which they occur. It canvasses additional regulatory and law reform initiatives that may be necessary to achieve an effective balance between the various competing interests.

Current issue available

Insurance Law Monthly

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Insurance Law Monthly has been providing specialist analysis of key cases, EU Directives and updates in legislation and regulation for many years. Every month, our experts report on the most noteworthy international cases concerning issues including liability, marine, motor, property and business interruption.

The latest issue of Insurance Law Monthly is available here

The Law of Insurance Contracts

Service Issue 57 available

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Service Issues are published three times a year in March, July and November. Service Issue 57 can be accessed here and recent case law covered includes:

A1 v I; Bellini (N/E) Ltd v Brit UW Ltd; Finsbury Food Group plc v Axis Corporate Capital UK Ltd; Finzi v Jamaican Redevelopment Foundation Inc; George on High Ltd v Alan Boswell Insurance Brokers Ltd; Gueterbock v MacPhail; JTI Polska Sp Zoo v Jakubowski; KVB Consultants Ltd v Jacob Hopkins McKenzie Ltd; Kwok v UBS AG; London International Exhibition Centre plc v Royal & Sun Alliance Insurance plc; Merck & Co Inc v Ace American Insurance Co; Nicholls v Mapfre Espana Compania de Seguros y Reaseguros SA; Official Receiver v Shop Direct Finance Co Ltd; Quadra Commodities SA v XL Insurance Co SE; R (Manchikalapati) v FSCS; Stonegate Pub Co Ltd v MS Amlin Corporate Member Ltd; Technip Saudi Arabia Ltd v Mediterranean and Gulf Cooperative Insurance and Reinsurance Co; and World Challenge Expeditions Ltd v Zurich Insurance Co Ltd.

Insurance Law Search

LLR: Insurance & Reinsurance

UNIVERSITY OF EXETER v ALLIANZ INSURANCE PLC

[2024] Lloyd's Rep. IR 211
Insurance (property) – War risks exclusion – Unexploded bomb discovered – Controlled explosion damaged insured property – Whether exclusion applied – Causation – Concurrent causes.

FKP COMMERCIAL DEVELOPMENTS PTY LTD AND ANOTHER v ZURICH AUSTRALIAN INSURANCE LTD

[2024] Lloyd's Rep. IR 159
Insurance (professional indemnity) – Advance costs – Allocation between insured and uninsured loss – Time at which advance costs were to be allocated – Scope of cover – Whether liability based on provision of professional services.

Insurance Broking Practice and the Law

Service Issue 32 now available

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Service Issue 32 (September 2023) of Insurance Broking Practice and the Law includes commentary on:

• Al Mana Lifestyle Trading LLC and others v United Fidelity Insurance Company PSC [2023] Lloyd’s Rep Plus 8 on the interpretation of a choice of jurisdiction clause where the clause was not clearly drafted.
• Brian Leighton (Garages) Ltd v Allianz Insurance plc [2023] Lloyd’s Rep IR Plus 18 on whether a broker owes a duty to bring to the client’s attention the legal effect of terms in an insurance policy wording.
• DC Bars Ltd v QIC Europe Ltd [2023] Lloyd’s Rep IR 225 on the expectation that the insurance market will be aware of the court’s interpretation of a clause.
• FM Conway Ltd v Rugby Football Union [2023] BLR 353 on co-insurance and subrogation.
• McClean v Thornhill [2023] EWCA Civ 466 on the circumstances in which a professional may owe a duty of care to a third party.

The publication also includes updates relating to Insurance Premium Tax, employment law, and developments in light of the General Data Protection Regulation (EU) 2016/679 (GDPR) (as retained in UK law through the European Union (Withdrawal) Act 2018) and the Data Protection Act 2018.

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