Insurance Law Monthly

The decision of the Court of Appeal in Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2013] EWCA Civ 1173, upholding the first instance ruling of Akenhead J, is a sharp reminder of two points. First, warranties in the form of basis clauses remain powerful weapons and remove the need of an insurer to rely upon misrepresentation where a false statement has been made by the assured.

In Teal Assurance Co Ltd v W R Berkley Insurance (Europe) Ltd [2013] UKSC 57 the Supreme Court considered a dispute relating to professional indemnity insurance where a firm of architects and engineers was insured by a “tower” of insurance contracts.

In Hua Tyan Development Ltd v Zurich Insurance Co Ltd [2012] HKCU 1632 Chung J considered a range of issues arising out of a marine policy placed through a broker acting under a binding authority. The case is of interest for the court’s approach to policy interpretation, the duty of utmost good faith and the duties of a broker towards the assured when the broker is at the same time acting as the agent of the insurers for the acceptance of risks under a binder.