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Insurer’s claims of non-disclosure and breach of warranty are lost at sea
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 5 2011
The Court of Appeal’s decision in Garnat Trading & Shipping (Singapore) PTE Ltd & Anr. v Baominh Insurance Corporation 2011 EWCA Civ 773 upheld Mr Justice Clarke’s judgment at first instance that Baominh Insurance had failed in its non-disclosure and breach of warranty arguments against Garnat Trading
Advocate General gives opinion in relation to the insurance of injuries caused by unauthorised drivers
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- October 5 2011
This case (Case C-44210, Churchill Insurance Company Limited v Benjamin and Tracy Evans v Equity Claims Limited) which arose out of two references to the European Court of Justice (ECJ) made in separate cases before the English courts, concerned an issue unique to the system of vehicle insurance in the UK
Supreme Court confirms reduced scope of inherent vice exclusions
- Edwards Wildman Palmer LLP
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- United Kingdom
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- June 23 2011
In the March 2010 edition of the Insurance and Reinsurance Review, we reported on the Court of Appeal’s decision in the Celandor MoPu (Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad 2009 EWCA Civ 1398), which overturned the first instance decision of Mr Justice Blair and significantly reduced the scope of inherent vice exclusions, found in many marine cargo and general property insurance contracts
High Court rules on proper forum for marine insurance claim
- Edwards Wildman Palmer LLP
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- United Kingdom
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- May 16 2011
In Mujur Bakat Sdn Bhd v Uni. Asia General Insurance Berhad & Ors 2011 EWHC 643 (Comm), the Claimants were the owners of a vessel called the MV MUJUR 1 (the Vessel) and the Defendants were various underwriters which had underwritten a marine hull and machinery policy in respect of the Vessel (the Policy
The decision is final: English High Court rules that there can be no appeal against arbitration awards on issues of fact
- Edwards Wildman Palmer LLP
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- United Kingdom
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- March 9 2011
In Guangzhou Dockyards Co Ltd v ENE Aegialii 2010 EWHC 2826 (Comm), the High Court recently upheld the well-established principle that under English law, appeals against arbitral awards cannot be made on issues of fact
Supreme Court confirms narrow scope of inherent vice exclusions
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 11 2011
In Global Process Systems Inc v Syarikat Takaful Malaysia Berhad 2011 UKSC 5, the Supreme Court unanimously upheld the Court of Appeal's decision that the appellant insurer was not entitled to rely on an exclusion for inherent vice contained within the contract as the proximate cause of the loss in question was a "peril of the sea", not the nature of the subject matter insured
Piracy does not pay: High Court rules on the interpretation of actual and constructive total loss
- Edwards Wildman Palmer LLP
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- United Kingdom
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- June 3 2010
Mr Justice David Steel handed down his judgment in the case of Masefield AG v Amlin Corporate Member 2010 EWHC 280 (Comm) on 18 February 2010
Wave goodbye to inherent vice exclusions?
- Edwards Wildman Palmer LLP
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- United Kingdom
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- March 3 2010
In late 2009, the Court of Appeal handed down a judgment which added to a large body of case-law on inherent vice
Current Search
- Jurisdiction - United Kingdom
- Workarea - Shipping & Transport
- Workarea - Litigation
- Workarea - Insurance & Reinsurance
- Author - Sam Tacey