Insurance Law Monthly

In Amlin Corporate Member Ltd and Others v Oriental Assurance Corporation (The Princess of the Stars) [2013] EWHC 2380 (Comm) Field J determined whether a policy of reinsurance which would otherwise have covered Princess of the Stars, a ro-ro vehicle and passenger ferry lost off the Philippines in Typhoon Frank, was voided by the breach of a typhoon warranty.

The proper construction of section 54 of the Australian Insurance Contracts Act 1984 (Cth) came before the Court of Appeal of Western Australia in Maxwell v Highway Hauliers Pty Ltd [2013] WASCA 115. On appeal from the Supreme Court, the Court of Appeal approved Corboy J’s decision that the insurers (various Lloyd’s underwriters) are obliged to indemnify the assured the policy amount as well as the consequential losses that the assured suffered as a result of their wrongful denial of the claim. The case is discussed by Dr Ozlem Gurses of the University of Southampton.

The Legal Expenses Directive, Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance, as implemented in the UK by the Insurance Companies (Legal Expenses Insurance) Regulations 1990 SI 1990/1159, provides a variety of safeguards for the holders of legal expenses (before the event, or BTE) policies.

In New Zealand Local Government Insurance Corporation Ltd v R+V Versicherung AG [2013] NZHC 690 Mackenzie J in the New Zealand High Court has considered the meaning of a “loss settlements” clause in an excess of loss reinsurance treaty, and in particular the steps to be taken by the reinsured to establish a claim under the treaty.