Insurance Law Monthly

Delta Pty Ltd v Team Rock Anchors Pty Ltd [2017] QSC 115, a decision of Dalton J in the Queensland Supreme Court, covers a large number of issues. Perhaps the two most important are: the scope of a co-insurance provision; and the effect of the assignment of an insurance claim.

The Brussels Regulation Recast, European Parliament and Council Regulation 1215/2012/EU contains the jurisdiction rules applicable where the defendant is domiciled in the EU. There are special rules for "matters relating to insurance". In Aspen Underwriting Ltd v Kairos Shipping Ltd and Others (The Atlantik Confidence) [2017] EWHC 1904 (Comm) Teare J reviewed the authorities on the meaning of that phrase.

The decision of the Victoria Supreme Court in SKM Recycling Pty Ltd v Australian Reliance Pty Ltd [2017] VSC 159 is reminiscent of the ruling of Blair J in Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2015] Lloyd's Rep IR 225, holding that a broker who receives complex financial information from its assured for the purpose of placing business interruption insurance is entitled to rely upon that information at face value.

The Consumer Insurance (Disclosure and Representations) Act 2012 removes the right of an insurer to avoid a consumer insurance policy for misrepresentation unless there has been a deliberate or reckless misstatement by the assured.

The Court of Appeal in Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 has affirmed the first instance decision of HHJ Waksman QC [2017] Lloyd’s Rep IR 118 on the interpretation of a professional indemnity policy. The issue was whether the policy provided for an aggregate limit of liability in respect of a number of similar claims.