Insurance Law Monthly

Sections 10 and 11 of the Insurance Act 2015 have swept away the old law on warranties, suspensory conditions and conditions precedent. Under the new regime, by section 10 a warranty operates only to suspend the risk during the period of breach. If the risk is so suspended, or if the term is not a warranty at all, then the clause still has to pass the test under section 11 and the assured may recover if he can show that the breach was immaterial to the loss.

The decision of Thomas J in the High Court of New Zealand in Southern Response Earthquake Services Ltd v Shirley Investments Ltd [2017] NZHC 3190 is yet another in a long line of authorities on the measure of indemnity under a property policy.

The decision of HHJ Davis in Contact (Print and Packaging) Ltd v Travelers Insurance Co Ltd [2018] EWHC 83 (TCC); [2018] Lloyd's Rep IR 295 discusses a series of important issues on causation and the measure of indemnity for losses of business equipment and for business interruption.

The judgment of Stevenson J in the New South Wales Supreme Court in Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 7) [2017] NSWSC 1321 runs to an outrageous 1,146 paragraphs. The second half of the judgment was obiter, and much of its first half was an assessment of facts.