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

The divisibility of rights

There are numerous authorities for the proposition that the rights of each co-assured under a composite policy are divisible and separate. Thus, if the insurers have the right to avoid a composite policy against one co-assured, the other co-assureds..

Online Published Date: 01 July 2006

Appeared in issue: Vol 18 No 7 - 01 July 2006

Coverage for deliberate acts II

The Court of Appeal has in Patrick v Royal London Mutual Insurance Society Ltd [2006] EWCA Civ 421 upheld the first instance decision [2006] Lloyd’s Rep IR 194, and has confirmed that what matters is not the deliberate nature of an act but..

Online Published Date: 01 July 2006

Appeared in issue: Vol 18 No 7 - 01 July 2006

Coverage for deliberate acts I

The distressing facts of KR v Royal & Sun Alliance plc [2006] EWHC 48 (QB) raised the question of whether a liability policy taken out by a company, which excludes cover in respect of deliberate acts, extends to acts carried out by the..

Online Published Date: 01 July 2006

Appeared in issue: Vol 18 No 7 - 01 July 2006

Utmost good faith

The decision of Lindsay J in Mundi v Lincoln Assurance Co [2005] EWHC 2678 (Ch) very much turns on its facts. However, it is a useful illustration of the operation of the doctrine of utmost good faith in the context of life insurance, and in..

Online Published Date: 01 July 2006

Appeared in issue: Vol 18 No 7 - 01 July 2006

What constitutes fraud?

It is now settled law that exaggeration of the amount of loss by the assured is potentially fraud which allows the insurers to refuse the entirety of the claim. Further, any attempt to support a claim (whether or not the claim itself is genuine) by..

Online Published Date: 01 July 2006

Appeared in issue: Vol 18 No 7 - 01 July 2006

Limitation periods and third party claims

The Third Parties (Rights against Insurers) Act 1930 confers upon the victim of a negligent assured the right, having established the assured’s liability, to enforce the judgment against the insured’s liability insurers in the event of..

Online Published Date: 01 July 2006

Appeared in issue: Vol 18 No 7 - 01 July 2006

Commencement of the risk

There was discussion in the April 2006 issue of Insurance Law Monthly of the decision of Deputy High Court Judge Nigel Teare QC in Heesens Yacht Builders BV v Cox Syndicate Management Ltd [2006] Lloyd’s Rep IR 103 (Insurance Law Monthly..

Online Published Date: 01 July 2006

Appeared in issue: Vol 18 No 7 - 01 July 2006

Amount of brokerage

In the September 2005 issue of Insurance Law Monthly there was discussion of the decision of Aikens J in Absalom (representing Syndicate 957 at Lloyd’s) v TCRU Ltd [2005] EWHC 1090 (Comm) (Insurance Law Monthly (Volume 17: September..

Online Published Date: 01 July 2006

Appeared in issue: Vol 18 No 7 - 01 July 2006