i-law

Insurance Law Monthly

Liability of insurers under design and build contracts

In Encin Remediation Ltd v Canopius Managing Agents Ltd [2007] EWHC 916 (Comm) Cresswell J was required to construe the terms of a professional indemnity policy issued to a company which carried on a civil and environmental engineering business...
Online Published Date:  01 August 2007

Relying on policy defences

Anders & Kern Ltd v CGU Insurance plc [2007] EWHC 377 (Comm), a decision of HHJ Mackie QC sitting as a High Court judge, raises a number of points on the incorporation and construction of policy terms. However, perhaps of greater interest are..
Online Published Date:  01 August 2007

The duties of placing brokers

The general rule is that a producing broker appointed by the assured owes the assured a duty of care, but that in the usual course of events there is no corresponding duty of care owed by the placing broker to the assured. Accordingly, if things go..
Online Published Date:  01 August 2007

Preventing the reopening of reinsurance arbitrations

The decision of the House of Lords in West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA, The Front Comor [2007] UKHL 4 to refer to the European Court of Justice the question whether an anti-suit injunction can be granted to protect arbitral..
Online Published Date:  01 August 2007

Claims by dependants of deceased passengers

The Court of Appeal has, in Phillips v Rafiq [2007] EWCA Civ 74, upheld the first instance judgment of HHJ Richard Seymour QC ([2006] Lloyd’s Rep IR 809; Insurance Law Monthly (Volume 18: December (pp7–9))) and has ruled that clause..
Online Published Date:  01 August 2007

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