Insurance Law Monthly

Inchcape Australia Ltd v Chubb Insurance Australia Ltd [2022] FCA 883 was the trial by Jagot J in the Federal Court of Australia of a series of preliminary issues arising from the wording of Chubb’s Financial Institutions Electronic and Computer Crime Policy. This is one of the first reported cases in the common law world dealing with insurance coverage for a cyber attack.

The question for the Ontario Court of Appeal in Cronos Group Inc v Assicurazioni Generali SpA 2022 ONCA 525 was whether an optional Discovery Extension clause in a Primary Layer Policy took effect in an Excess Layer Policy which incorporated the terms of the Primary Policy. There was a further question as to how the additional premium for the Excess Policy was to be calculated.

In PT Adidaya Energy Mandiri v MS First Capital Insurance Ltd [2022] SGHC(I) 14 Sir Jeremy Cooke, sitting as judge of the Singapore International Commercial Court, considered a range of issues arising out of a claim under a marine policy. Although the applicable law was that of Singapore, the contract incorporated the provisions of the UK Marine Insurance Act 1906 as amended by the Insurance Act 2015. The issues determined by the court were largely factual, although the case is of some interest in being the first decision to reference sections 10 and 11 of the Insurance Act 2015 (albeit not in detail and indeed the relevant provisions of section 11 were cited but not actually identified).