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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
Iranian sanctions and the extension of insurance policies
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 1 2011
In Arash Shipping Enterprises Co Ltd v Groupama Transport 2011 EWCA Civ 620 the Court of Appeal expressed preliminary views that an automatic extension of a marine insurance policy would offend the prohibition on the extension or renewal of (re)insurance contracts in Article 26(4) of Council Regulation (EU) No 9612010 which prohibits the provision of insurance and reinsurance to Iranian persons
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
Current Search
- Jurisdiction - United Kingdom
- Workarea - Shipping & Transport
- Workarea - Litigation
- Workarea - Insurance & Reinsurance
- Author - Alexander Oddy