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The burden of proof and competing theories on causation

Herbert Smith Freehills LLP
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United Kingdom
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February 20 2013

The Court of Appeal recently handed down judgment in the case of Nulty v Milton Keynes Borough Council 2013 EWCA Civ 15. The case concerned an

False documents lead to finding of material non-disclosure of moral hazard and use of fraudulent means and devices

Herbert Smith Freehills LLP
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United Kingdom
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February 28 2011

In Sharon's Bakery (Europe) Ltd v (1) AXA Insurance UK Plc (2) Aviva Insurance Ltd 2011 EWHC 210 (Comm), the insured brought a claim against its insurers seeking an indemnity for damage to bakery equipment caused by a fire at the insured's premises

Can a Drop Down clause in a master policy provide excess layer coverage?

Herbert Smith Freehills LLP
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United Kingdom
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June 2 2009

Drop Down clauses in a master policy are designed to provide coverage at the primary level on the terms of the primary policy in circumstances in which primary limits have been exhausted by prior claims

Court of Appeal reviews duty of disclosure decision

Herbert Smith Freehills LLP
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United Kingdom
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August 3 2011

In Garnat Trading & Shipping (Singapore) Pte Ltd v Baominh Insurance Corporation 2011 EWCA Civ 773, marine insurers were unsuccessful in an appeal against a first instance decision of Mr Justice Christopher Clarke

Inherent vice and perils of the sea

Herbert Smith Freehills LLP
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United Kingdom
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January 8 2010

In Global Process Systems v Syarikat Takaful Malaysia Berhad 2009 EWCA Civ 1398, the Court of Appeal was asked to consider whether the loss of the legs of a jack-up rig occurring during a tow in anticipated weather conditions was due to inherent vice and, therefore, excluded under an All Risks Marine Insurance Policy

Better rights for third parties against insurers

Herbert Smith Freehills LLP
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United Kingdom
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December 21 2009

A key question in any litigation, especially in the current economic climate, is whether the defendant can satisfy a judgment

Non-disclosure of corporate re-organisation and breach of warranty (again)

Herbert Smith Freehills LLP
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United Kingdom
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November 10 2010

By a judgment handed down on 26 October 2010 in Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors 2010 EWHC 2636 (Comm), Mr Justice Burton in the Commercial Court held that insurers were entitled to avoid, for a material non-disclosure of a corporate re-organisation, a policy which could otherwise have covered losses arising from a fire at the premises of the insureds

The defence and settlement of third party claims

Herbert Smith Freehills LLP
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United Kingdom
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March 30 2010

In Clare Horwood & Others v Land of Leather Limited (In Administration) and Zurich Insurance Plc the Commercial Court was asked to consider in the context of a claim under the Third Parties (Rights Against Insurers) Act 1930 whether a compromise agreement entered into by an insured without the insurer's specific instructions in writing was in breach of a policy term

Exceptions to the duty of disclosure - a recap

Herbert Smith Freehills LLP
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United Kingdom
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November 4 2010

It is a well known principle of English insurance law that a policyholder is under a duty to disclose to its insurers all facts material to the insurer's assessment of a risk

Three legs bad, no legs good claim

Herbert Smith Freehills LLP
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United Kingdom
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February 11 2011

In Global Process Systems v Syarikat Takaful Malaysia Berhad 2011 UKSC 5, 1 February 2011, the Supreme Court considered the interrelationship between a loss proximately caused by perils of the sea and inherent vice