Insurance Law Monthly

In declaration policies the assured is allowed to declare particular risks to the insurers under a framework agreement whereby cover is in place at a specified earlier date and declarations inform the insurers of the risks that have been allocated to the contract. Most declaration policies are in obligatory form, so that as soon as the assured obtains subject matter within the terms of the policy, there is coverage.

In Al Mana Lifestyle Trading LLC and Others v United Fidelity Insurance Co PSC and Others [2023] EWCA Civ 61 the Court of Appeal has by a majority (Males and Nugee LJJ, AndrewsLJ dissenting) reversed the decision of CockerillJ ([2022] Lloyd's Rep IR Plus 36) and has ruled that the agreement between the parties contained an exclusive jurisdiction clause in favour of the country where the policy was issued, and accordingly the English courts did not have jurisdiction to hear disputes.

In Aon UK Ltd v LaMia Corporation Srl and Others [2022] EWHC 3323 (Comm) applications were made to Simon Salzedo KC for the continuation of anti-suit injunctions granted to brokers and reinsurers in respect of proceedings brought against them in Florida by claimants against the insurers' policyholder under a liability policy. The claimants asserted, in broad terms, that the conduct of the brokers and reinsurers had resulted in a settlement with the reinsured that prejudiced their rights.