News & Insights (Insurance)

EAR v Project Cargo Policy - The timing of damage

European Group Ltd & Ors v Chartis Insurance UK Ltd [2012]1Commercial Court, 11 May 2012 The Claimants in this case were ...

Late Defences by Insurers

Elafonissos Fishing & Shipping v Aigaion Insurance Co SA (the “AGIOS SPYRIDON”) [2012]Commercial Court, 4 April 2012 Societe ...

Loss of cargo in labour dispute

The High Court revisits some important principlesClothing Management Technology Ltd v Beazley Solutions Limited [2012]1London ...

Mesothelioma and the Insurance Trigger

Employers' Liability Policy Trigger LitigationDurham v BAI [2012]1Supreme Court, 28 March 2012 Background This litigation ...

PI Insurance - mitigation costs and dominant purpose

Standard Life Assurance Ltd v Ace European Ltd & Ors [2012]Commercial Court 1 February 2012 This dispute arose under a ...

Opportunities for the insurance market: media risks - part two

The Taylor Wessing insurance group, in conjunction with its media group, commissioned a survey designed to assess the extent to ...

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 ...

Opportunities for the insurance market: media risks - part one

The use of evolving technology has led to previously unforeseen risks for companies and other commercial organisations. The use ...

Governing Law of Arbitration Clause

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

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 ...

The Taylor Wessing Insurance and Reinsurance Review of 2011

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

Taylor Wessing Insurance Media Survey

Highlighting opportunities for media risk targeted insurance The Taylor Wessing insurance group in conjunction with the Taylor ...

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 ...

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 ...

Confirmation of policy coverage and estoppel

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

Insure or Ensure - what are your insurance media risks?

Are you making false statements about your products? You might be creating a legal contract with your customers without ...

Actions speak louder than words, leading to FSA record fine

Failure to implement proper anti-bribery controls over payments to overseas third parties leads to FSA record fine The FSA has ...

The UK Bribery Act 2010 and its impact on the Insurance Sector

The Bribery Act 2010 ("the Act") came into force on 1 July 2011. The Act reforms the previous criminal law to provide a ...

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 ...

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 ...

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 ...

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 ...

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 ...

ECJ tells insurance and pension providers not to use gender to discriminate

The European Court of Justice has today followed Advocate General Kokott's Opinion that men and women must be treated equally in ...

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 ...

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 ...

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 ...

Builders' risks - Co-insurance and waiver of liability

BMT Marine & Offshore Survey Ltd v Lloyd Werft Bremerhaven GmbH [2011]Commercial Court, 24 January 2011 Where a Claimant ...

Supreme Court rules on inherent vice; Loss of jack-up rig under tow

Global Process Systems Inc & Anor v. Syarikat Takaful Malaysia Berhad [2011] Supreme Court, 1 February 2011 As Lord ...

Court of Appeal rules in Somali piracy case

Background Under the provisions of the Marine Insurance Act 1906, a total loss of the insured subject matter may be actual or ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Cloud computing for insurers – fast lane or blind alley?

These days everyone, especially in the insurance industry in Germany, talks about "cloud computing" when the discussion ...

Taylor Wessing announces new partner hire to international Insurance and Reinsurance Group

Taylor Wessing has appointed Susannah Wakefield as a partner within the firm's Insurance and Reinsurance group. Susie joins the ...

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 ...

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 ...

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 ...

Property Insurance - Fraudulent Claims and the Burden of Proof

Yeganeh v. Zurich Insurance Co [2010]London Mercantile Court, 24 May 2010This case concerned a claim under a buildings and ...

Increase in minimum share capital requirements for insurance companies in the UAE

The UAE Cabinet has issued Cabinet Resolution No. (42) of 2009, which came into force on 31 January 2010, increasing the minimum ...

Litigation Funding

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

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 ...

Taylor Wessing advises Colemont in AmWins merger

Leading law firm Taylor Wessing has acted for international insurance and reinsurance brokerage company Colemont Corporation in ...

Insurance Update - Consumer loan and payment protection insurance - March 2010

Consumers who take out a loan to finance the purchase of goods or services will very often be offered an accompanying policy of ...

Taylor Wessing advises esure insurance on its buyout from Lloyds

Taylor Wessing LLP has advised leading online motor insurance provider esure on its management buyout from Lloyds Banking Group, ...

Litigation Costs - Lord Justice Jackson proposes sweeping reforms

Following an extensive review of civil litigation costs last year, Lord Justice Jackson's final report on costs has been ...

Hobson's Choice - Lord Justice Jackson's Review of Civil Litigation Costs

Lord Justice Jackson's Review of Civil Litigation Costs in the UK has been published today (14 January 2010).  The report ...

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 ...

Insurance Update - Warranties Revisited - December 2009

A C Ward & Sons Ltd v Catlin (Five) Ltd & Ors [2009]Commercial Court, 3 December 2009 This case was the latest in a ...

EC publishes draft Insurance Block Exemption Regulation: Future competition rules for cooperation between insurers takes shape

The European Commission ("Commission") has published for consultation a first draft of the new block exemption ...

Taylor Wessing takes part in the public consultation launched by the European Commission on the new block exemption regulation for the insurance sector

Insurance Update - ECJ: Re/Insurance Portfolio Transfers Subject to VAT - November 2009

ECJ:  Re/Insurance Portfolio Transfers Subject to VAT On 22 October 2009 the European Court of Justice (ECJ) delivered ...

Insurance Update - Governing law and jurisdictions in reinsurance - October 2009

Gard Marine & Energy v (1) Lloyd Tunnicliffe; (2) Glacier Re and Anor [2009] Commercial Court, 9 October 2009 This was a ...

FSA's latest post-Aon findings; anti-bribery and corruption controls for insurance brokers

Following up on the £5.25m fine it imposed on Aon in January this year for failure to manage anti-bribery and corruption ...

Northern Rock judicial review - Court of Appeal decision - [2009] EWA Civ 788

This high profile judicial review shows the versatility of the Human Rights Act and sheds further light on how the Court will ...

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 ...

Insurance Update - House of Lords reverses the Court of Appeal in Wasa v Lexington - July 2009

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

D&O Insurance in Germany - The New Legislation Arrives

The New Legislation Arrives

Taylor Wessing advises Hyperion Insurance Group on Howden acquisition

European law firm Taylor Wessing LLP has acted for Hyperion Insurance Group on the acquisition of Hendricks & Co GmbH, the ...

D&O Insurance in Germany

Difference in Conditions and "Drop Down"

Equitas proposes Part VII transfer of 1992 and prior Lloyd's names business

Joinder of insurers to proceedings between insured and brokers

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

Transparency, disclosure and conflicts of interest in the commercial insurance market - Part 2

Meaning of "Defendant" under the CMR

The Legislative Reform (Lloyd's) Order 2008 comes into force

Taylor Wessing boosts Financial Institutions and Markets practice with the appointment of new Partner, Jonathan Rogers

Taylor Wessing is delighted announce the growth of its Financial Institutions and Markets Group with the appointment as Partner ...

Court of Appeal overturns Limit v Axa - in Part

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

Solvency II

Taylor Wessing boosts Financial Institutions and Markets practice with the appointment of new Partner, Jonathan Rogers

Taylor Wessing is delighted announce the growth of its Financial Institutions and Markets Group with the appointment as Partner ...

Amendments to Part 7 of FSMA 2000 ('Control of Business Transfers')

FSA Regulation of sellers of connected travel insurance

Taylor Wessing acts on £120 million transaction between Hyperion Insurance Group Limited and 3i Group Plc

Taylor Wessing advises on MBO of Bestinvest by 3i

Taylor Wessing has advised the management of Bestinvest, the independent investment managers and financial adviser, on its MBO by ...