Paul Lewis Herbert Smith Freehills LLP
Results 6 to 10 of 12
Insurer's liability to indemnify reduced owing to prejudice suffered by late notification *
United Kingdom - November 14 2011
The recent judgment of the High Court in Milton Keynes Borough Council v Michael Nulty, deceased Wing Bat Security Ltd (formerly DBI Support Services Ltd) (in liquidation) National Insurance & Guarantee Corporation Ltd [2011] EWHC 2847 (TCC) provides an interesting example of an insurer's liability being reduced by the measure of its "lost chance" to influence the outcome of litigation where that lost chance had resulted from the insured's failure to comply with the notification provisions of the policy.
Co-authors: Alex Macdonald.
Supreme Court abolishes expert immunity *
United Kingdom - April 5 2011
The UK Supreme Court last week handed down judgment abolishing the immunity expert witnesses have enjoyed for over 400 years.
Co-authors: Alison Brown, Daniel Schaffer, Ian Gault, Linda Sweeney.
Brokers beware: the Barnet Devanney principle continues to flourish. Certain simple, practical steps could, however, go a long way towards mitigating its effect *
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.
Co-authors: Catherine Emanuel, Anthony Dempster.
Business exclusion clauses: Orient Express Hotels *
United Kingdom - November 23 2010
According to the recent decision in Orient Express Hotels v Assicurazioni General S.p.A. [2010] EWHC 1186 (Comm), coverage for business interruption losses may not be available in circumstances where the insured peril which causes the loss also damages the surrounding locality.
Catastrophe events and business interruption insurance *
United Kingdom - July 6 2010
Orient-Express Hotels Limited v Generali [2010] EWHC 1186 (Comm) involved a claim for business interruption (BI) arising out of the devastating effects of Hurricanes Katrina and Rita on the claimant's hotel as well as the surrounding New Orleans area.
Co-authors of Paul Lewis
Other Herbert Smith Freehills LLP authors
- Andrew Taggart,
- Anna Henderson,
- Anna Pertoldi,
- Gavin Lewis,
- Gregg Rowan,
- Hannah Ambrose,
- Jemima Coleman,
- Justin D'Agostino,
- Matthew Weiniger,
- Maura McIntosh,
- Michael Mendelblat,
- Naveed Soomro,
- Nicholas Peacock,
- Pamela Kiesselbach,
- Peter Frost,
- Richard Norridge ,
- Roderick Morton,
- Sonya Leydecker,
- Tim Leaver,
- Vanessa Naish
