Insurance Law Monthly

In RR Securities Ltd v Towergate Underwriting Group Ltd [2016] EWHC 2653 (QB) HHJ Waksman QC dealt with a largely factual dispute as to the effect of the failure of brokers to advise the assured that the policy contained security requirements and that failure to comply with them would defeat any claim.

Under the Motor Insurers’ Bureau Uninsured Drivers Agreement, the most recent version of which was published in March 2017, the MIB is required to pay compensation to the victims of uninsured drivers found liable to those victims. The most important exception is in respect of a passenger who knew or ought to have known that the driver was uninsured.

In AIG Europe Ltd v OC320301 LLP and Others [2016] Lloyd’s Rep IR 147 Teare J was asked to determine whether a number of different claims against a firm of lawyers could be characterised as arising from similar acts or omissions in a series of related matters or transactions for the purposes of limb (iv) of the aggregation provision within the prevailing Solicitors’ Minimum Terms and Conditions (“MTC”).

The Third Parties (Rights Against Insurers) Act 2010 was brought into force on 1 August 2016 by the Third Parties (Rights Against Insurers) Act 2010 (Commencement) Order 2016, SI 2016 No 550, replacing the Third Parties (Rights Against Insurers) Act 1930 with effect from that date. The 2010 Act has already produced two important rulings from the High Court, relating to transitional provisions on commencement and to the right to seek declaratory relief, respectively Redman v Zurich Insurance plc [2017] EWHC 1919 (QB) and BAE Systems Pension Fund Trustees Ltd v Royal & Sun Alliance plc [2017] EWHC 2082 (TCC).