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The divisibility of rights
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 issue in that case was whether the..
Online Published Date:
01 April 2007
Appeared in issue:
Vol 19 No 4 - 01 April 2007
Follow the settlements
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 American Insurance..
Online Published Date:
01 April 2007
Appeared in issue:
Vol 19 No 4 - 01 April 2007
The nature of the insurers’ rights over a subrogated claim
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 party responsible for the assured’s..
Online Published Date:
01 April 2007
Appeared in issue:
Vol 19 No 4 - 01 April 2007
Liability of insurers for third party costs
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 to determine by whom and to what extent the costs..
Online Published Date:
01 April 2007
Appeared in issue:
Vol 19 No 4 - 01 April 2007
Proceedings in the EEA
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 law, that the usual..
Online Published Date:
01 April 2007
Appeared in issue:
Vol 19 No 4 - 01 April 2007