Insurance Law Monthly

The decision of the Court of Appeal in Delos Shipholding SA and Others v Allianz Global Corporate and Specialty SE and Others [2025] EWCA Civ 1019; [2025] Lloyd's Rep IR 505 is the first detailed consideration at an appellate level of the meaning of "knowledge" for the purposes of the duty of fair presentation under the Insurance Act 2015. Other issues discussed by Dias J at first instance ([2024] Lloyd's Rep IR 525) were not, however, resolved.

In Makin v The Restaurant Muse and Others [2025] EWHC 895 (KB); [2025] Lloyd's Rep IR 579 the main question was whether policy conditions requiring notification of potential claims and cooperation with the insurers in the claims process constituted conditions precedent to the liability of the insurers. An important subsidiary question was whether a judgment against the assured was binding on the insurers for the purposes of a third-party claim under the Third Parties (Rights Against Insurers) Act 2010.