News & Insights (Insurance and Reinsurance Disputes)

09-Feb-2012  |  Financial Institutions & Services

Court of Appeal rules on enforcement of West Tankers arbitration award

This long running dispute concerned claims arising from an allision involving the vessel FRONT CONNOR and a jetty at an oil ...

01-Feb-2012  |  Brazil Group, Financial Institutions & Services

Governing Law of Arbitration Clause

Sulamerica Cia Nacional de Seguros SA & Ors v. Enesa Engenharia SA & Ors [2012] Commercial Court 19 January 2012 The ...

26-Jan-2012  |  Financial Institutions & Services, Litigation & Dispute Resolution

Non-Disclosure and want of due diligence - Loss of Hire

Sealion Shipping Ltd & Anor v Valiant Insurance Co [2012]Commercial Court, 20 January 2012 This case concerned a loss of ...

21-Nov-2011  |  Financial Institutions & Services, Litigation & Dispute Resolution

Jurisdiction clauses and exclusivity

Aizkir Navigation Inc v Al Wathba National Insurance Co. P.S.S (2011) QBD (comm) Commercial Court, 16 November 2011 The ...

08-Nov-2011  |  Financial Institutions & Services, Litigation & Dispute Resolution

Law and Jurisdiction - Dodging the triple trigger

Faraday Reinsurance Co Ltd v. Howden North America Inc & Anor [2011] Commercial Court 1 November 2011 Much has been written ...

02-Nov-2011  |  Financial Institutions & Services, Litigation & Dispute Resolution

Confirmation of policy coverage and estoppel

Micoperi SrL v The Shipowners’ Mutual Protection and Indemnity Association [2011] Commercial Court, 21 October 2011 The ...

07-Jul-2011  |  Financial Institutions & Services

Offshore Energy Insurance - Meaning of "100%" and scaling for interest

Gard Marine & Energy v. (1) Lloyd Tunnicliffe; (2) Glacier Re & Anor [2011]Commercial Court, 30 June 2011 We have ...

24-Jun-2011  |  Financial Institutions & Services

Commercial Court rules again on "series of related events" language

Beazley Underwriting Ltd & Anor v. The Travelers Companies Incorporated In May 1997 the Defendant (Travelers) sold the Minet ...

13-Apr-2011  |  Financial Institutions & Services, USA Group

Unicover - Recent ruling by a New Jersey Appellate Court

Reliastar Life Insurance Company v Roger Smith and Aon Re Inc There has been a recent ruling in the US concerning this all too ...

24-Mar-2011  |  Financial Institutions & Services

Choice of English law and the forum conveniens test

Mujur Bakat BHD v. Uni Asia General Insurance Berhad & Ors [2011]Commercial Court, 18 March 2011 In launching proceedings in ...

16-Mar-2011  |  Financial Institutions & Services

Litigation privilege over survey reports - the "dominant purpose" test

Axa Seguros SA v. Allianz Insurance Plc & Ors [2011]Commercial Court, 2 March 2011 This was a case concerning a claim for ...

01-Mar-2011  |  Financial Institutions & Services

War Risks - Arrest proceedings and the meaning of "ordinary judicial process"

Melinda Holdings SA v. Hellenic Mutual War Risks Association (Bermuda) [2011]Commercial Court, 18 February 2011 While P&I ...

21-Feb-2011  |  Financial Institutions & Services

Fraudulent Claims and Avoidance - Moral Hazard and the use of a "fraudulent device"

Sharon’s Bakery (Europe) Ltd v.  Axa Insurance & Anor [2011]Commercial Court, 9 February 2011 This case represents the ...

15-Feb-2011  |  Financial Institutions & Services

Brokers Duties; Municipal Insurance and the creation of insurance mutuals

Broker Duties - Failure to advise insureds on risk improvement requirements Ground Gilbey Ltd v. Jardine Lloyd Thompson UK Ltd ...

10-Jan-2011  |  Financial Institutions & Services, Litigation & Dispute Resolution

The Taylor Wessing Insurance and Reinsurance Review of 2010

The Taylor Wessing annual Insurance and Reinsurance Review summarises the key English case law developments in insurance and ...

12-Nov-2010  |  Financial Institutions & Services, Litigation & Dispute Resolution

Bunker oil pollution liability insurance and Iranian sanctions

Islamic Republic of Iran Shipping Lines v. Steamship Mutual Underwriting Association (Bermuda) Ltd [2010] - Commercial Court 26 ...

05-Nov-2010  |  Financial Institutions & Services

Property Insurance - Non-disclosure and breach of warranty

Sugar Hut Group Ltd & Ors v. Great Lakes Reinsurance (UK) Plc & Ors [2010] Commercial Court, 26 October 2010 This ...

26-Oct-2010  |  Financial Institutions & Services

Arbitration Time Limits and the Third Party (Rights Against Insurers) Act 1930

William McIlroy Swindon Ltd v. Quinn Insurance Ltd [2010] Technology and Construction Court, 12 October 2010 The claims arose ...

21-Oct-2010  |  Financial Institutions & Services

Subrogated Claims and Mesothelioma and the Insurance Trigger

In this issue of Insurance & Reinsurance Update we look at 2 different cases: Subrogated Claims - costs orders against ...

11-Oct-2010  |  Financial Institutions & Services

Governing Law and Jurisdiction in Reinsurance – Foreign Reinsurer Participation in a London Programme

Gard Marine & Energy v. (1) Lloyd Tunnicliffe; (2) Glacier Re & Anor [2010]  Court of Appeal 6 October 2009 The ...

22-Sep-2010  |  Financial Institutions & Services

Insurance & Reinsurance Update - Interpretation and application of the "contractual liability" exclusion in a liability insurance policy - September 2010

This case considered whether, where a liability policy contained an exclusion excluding liability arising under a contract unless ...

16-Sep-2010  |  Financial Institutions & Services

Insurance & Reinsurance Update - Forum conveniens and governing law in reinsurance contracts - September 2010

Stonebridge Underwriting Ltd v Ontario Municipal Insurance Exchange [2010]Commercial Court, 10 September 2010 This case was a ...

30-Jul-2010  |  Financial Institutions & Services, Litigation & Dispute Resolution, Patents

Innovation and Flexibility in Litigation Funding

Cost control and certainty is key to successful litigation.   We can help you take the risk and cost of litigation ...

05-Jul-2010  |  Banking & Finance, Commercial Agreements, Financial Institutions & Services

Important FSA update: anti-bribery and corruption in Commercial Insurance Broking

The FSA has published its final report following its thematic review of anti-bribery and corruption risks in the commercial ...

03-Jun-2010  |  Financial Institutions & Services

Business Interruption Insurance - The "but for" test

Orient-Express Hotels v. Assicurazioni Generali SpA (UK Branch)Commercial Court, 27 May 2010 The case concerned a claim under a ...

24-May-2010  |  Financial Institutions & Services, Litigation & Dispute Resolution, Patents

Litigation Funding

Cost control and certainty are key elements of successful litigation. The approach to litigation funding is evolving with an ...

13-May-2010  |  Financial Institutions & Services

Insurance & Reinsurance Update - the "Double-Proviso" follow settlements clause - May 2010

The Commercial Court revisits the test IRB Brasil Resseguros SA v. CX Reinsurance Company LtdCommercial Court, 7 May 2010 Not ...

08-Jan-2010  | 

Taylor Wessing Insurance and Reinsurance Review of 2009

The insurance team at Taylor Wessing is pleased to announce the Insurance and Reinsurance Review of 2009, summarising the key ...

31-Jul-2009  |  Financial Institutions & Services

House of Lords reverses the Court of Appeal in Wasa v. Lexington

The long-awaited decision of the House of Lords was handed down yesterday afternoon. To understand the significance of this ...

29-May-2009  |  Financial Institutions & Services

Difference in Conditions and "Drop Down"

08-May-2009  |  Financial Institutions & Services

Joinder of insurers to proceedings between insured and brokers

14-Apr-2009  |  Financial Institutions & Services

Inevitability and Inherent Vice under ICC(A) Loss of jack-up rig under tow

25-Mar-2009  |  Financial Institutions & Services

Meaning of "Defendant" under the CMR

06-Jan-2009  | 

Taylor Wessing Insurance and Reinsurance Review of 2008

Taylor Wessing has produced the annual Insurance and Reinsurance Review of 2008 summarising the key cases in insurance and ...

17-Dec-2008  |  Financial Institutions & Services

Directors and Officers Reinsurance and Claims Co-Operation - English Court looks at "knowledge" yet again