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United Kingdom - May 9 2012
In a judgment handed down on 25 April 2012, the Court of Appeal held that a parent company owed a duty of care to an employee of its subsidiary company where the employee suffered asbestosis as a result of exposure to asbestos in the workplace.
United Kingdom - November 18 2011
The recent decision in Faraday Reinsurance Co Ltd v (1) Howden North America Inc and (2) Howden Buffalo Inc [2011] EWHC 2837 (Comm) highlights the potential availability of negative declaratory relief as a protection for parties drawn into coverage disputes in foreign jurisdictions, where differences in local law can have a substantial effect on the liabilities assumed by insurers.
United Kingdom - November 15 2011
In the recent case of (1) The Seashell of Lisson Grove Ltd (2) Central Tax & Trustee Planning LLP (3) Andre Misso v Aviva Insurance Ltd & Ors [2011] EWHC 1761 (Comm), the Commercial Court considered the construction of certain policy terms upon which the insured sought to rely to avoid the ordinary consequences of a breach of warranty, misrepresentation and non-disclosure.
United Kingdom - February 15 2011
Mr Justice Blair's decision in Ground Gilbey and Another v Jardine Lloyd Thompson UK Ltd [2011] EWHC 124 (Comm) is a cogent reminder to insurance brokers that they can expect little sympathy from the courts in cases where their clients have settled their insurance claims for a shortfall because the insurers had an "arguable" defence to the claim.
United Kingdom - November 12 2010
The recent case of Joseph Fielding Properties (Blackpool) Ltd ("JFP") v Aviva Insurance Ltd ("Aviva") comes as a reminder of the unsympathetic response that can be expected from an English court in the event of a fraudulent claim and the strict nature of the non-disclosure rule.
