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Interpretation of actual and constructive total loss under the Marine Insurance Act 1906
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 25 2010
Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906
Contra Proferentem principle applies to ambiguous questions in proposal form
- Edwards Wildman Palmer LLP
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- United Kingdom
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- October 13 2009
The High Court's decision in R&R Development Ltd v AXA Insurance UK Plc 2009 EWHC 2424 (Ch) concerned the issue of whether ambiguous questions in a proposal form for a contract of insurance could be construed by following the Contra Proferentem principle without the need for the court to decide upon the correct interpretation of the questions
Third parties may have rights of action against insurance brokers
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 9 2010
In Mr Peter Crowson v HSBC Insurance Brokers Ltd (unreported), the Judge, in considering an application to strike out the claimant's claim, held that an individual who is not in a contractual relationship with an insurance broker may have rights of action in tort andor contract where the insurance to be arranged is also for his benefit
Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims
- Edwards Wildman Palmer LLP
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- United Kingdom
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- November 10 2009
In Sienkiewicz v Greif (UK) Ltd, the Court of Appeal considered the combined effect of the House of Lords' decisions in Fairchild v Glenhaven Funeral Services and Barker v Corus and section 3 of the Compensation Act 2006 on liability for mesothelioma claims
Speech by Sally Dewar - taking the FSA's corporate governance agenda forward
- Edwards Wildman Palmer LLP
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- United Kingdom
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- April 6 2010
Sally Dewar, the Financial Services Authority's (FSA) managing director of Risk, gave a speech entitled "Taking the FSA's corporate governance agenda forward" at the City Corporate Governance and Remuneration Summit on 30 March 2010
Insurers face more noise-induced hearing loss claims following Court of Appeal decision
- Edwards Wildman Palmer LLP
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- United Kingdom
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- January 21 2010
Insurers may see increased exposure on employers' liability policies in 2010, particularly related to noise-related personal injuries, as the effects of the so-called textile deafness test litigation are felt in the industry
Lloyd's regulates conflict of interest for underwriters of broker E&O insurance
- Edwards Wildman Palmer LLP
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- United Kingdom
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- July 8 2010
On 6 July 2010, Lloyd's issued Market Bulletin Y4408 clarifying the reporting requirements of managing agents who underwrite broker errors and omissions (E&O) insurance
Trustees' duties in employee life assurance schemes
- Edwards Wildman Palmer LLP
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- United Kingdom
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- January 7 2010
In Ms Jacqueline Power v (1) The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme (2) Open Text (UK) Limited 2009 EWHC 3064 (Ch), the High Court considered whether either the trustee of an employee life assurance scheme or the employer that issued the scheme was under a duty to consider the level of cover provided under the scheme and whether the trustee was under a duty to consider whether the cover was appropriate
High Court rules on avoidance and breach of warranty issues
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 17 2009
The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends
Government increases payments for mesothelioma victims under statute
- Edwards Wildman Palmer LLP
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- United Kingdom
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- April 15 2010
Following the Government's announcement last month, the Mesothelioma Lump Sum Payments (Conditions & Amounts) (Amendment) Regulation 2010 has come into force
