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Warranty to insure creates an assumption of risk and responsibility
- Edwards Wildman Palmer LLP
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- United Kingdom
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- March 15 2013
In Bunga S.A. v. Kyla Shipping Company Limited 2012 EWHC 3522 (Comm), the Commercial Court considered whether an arbitrator had made an error of
Valiant appeal in loss of hire case dismissed
- Edwards Wildman Palmer LLP
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- United Kingdom
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- January 3 2013
The Court of Appeal in Valiant Insurance Co v (1) Sealion Shipping Ltd (2) Toisa Horizon Inc 2012 EWCA Civ 1625 has affirmed the High Court's first
Court of Appeal rules 'follow the settlements' clause not sufficient to permit a stay of proceedings
- Edwards Wildman Palmer LLP
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- United Kingdom
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- November 1 2012
In Amlin Corporate Member Ltd v Oriental Assurance Corporation 2012 EWCA Civ 1341, the Court of Appeal upheld the decision of the court of first instance in refusing a stay of English proceedings brought by reinsurers to seek to establish that they were not liable under a contract of reinsurance
The English High Court finds no compelling reason to displace a UAE jurisdiction clause
- Edwards Wildman Palmer LLP
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- United Kingdom
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- July 12 2012
In Aizkir Navigation Inc v Al Wathba National Insurance 2011 EWHC 3940 (Comm), the High Court considered a principle of contractual construction and held that a clause stating that claims "be settled in accordance with English Law and practice shall be so settled in Abu Dhabi (UAE)" amounted to an exclusive jurisdiction clause in favour of the United Arab Emirates (the UAE) and there was no overwhelming reason to displace that jurisdiction clause
High Court says warranties to be construed narrowly
- Edwards Wildman Palmer LLP
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- United Kingdom
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- June 20 2012
In Elafonissos Fishing and Shipping Company v Aigaion Insurance Company SA 2012 EWHC 1512 (Comm), the High Court found that the defendant insurer must pay for losses suffered by the claimant's fishing vessel as a result of Cyclone Bondo in Madagascar in 2006
No waiver: Court of Appeal confirms insurers well protected by RORS
- Edwards Wildman Palmer LLP
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- USA
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- June 6 2012
In Argo Systems FZE v Liberty Insurance PTE and Another (The “Copa Casino”) 2011 EWCA Civ 1572, the Court of Appeal considered whether a failure to raise a breach of warranty defence in a letter declining cover, in relation to a loss under a marine insurance policy, amounted to a waiver of the right to rely on that defence
Late application by insurer to re-amend defence succeeds in part
- Edwards Wildman Palmer LLP
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- United Kingdom
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- May 8 2012
In Elafonissos Fishing & Shipping Co v Aigaion Insurance Co SA (2012) EWHC 892 (Comm), the defendant insurers, Aigaion Insurance Co SA (Aigaion), sought to re-amend its Defence to a claim brought by the claimant, Elafonissos Fishing & Shipping Co (Elafonissos), under a policy for marine insurance in relation to a damaged vessel, and to adduce expert evidence in support of its amendments
High Court considers the insurable value of lost goods under an insurance contract governed by the MIA
- Edwards Wildman Palmer LLP
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- United Kingdom
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- April 11 2012
The High Court has ruled that a manufacturer claiming the "invoice value" of lost goods under an insurance contract governed by the Marine Insurance Act 1906 (the MIA), can the claim the goods' full retail value, notwithstanding that some of the lost goods were unfinished
Court rules on the materiality of non-disclosures, and the meaning of "want of due diligence" in a marine policy
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 6 2012
In the case of (1) Sealion Shipping Limited (2) Toisa Horizon Inc v Valiant Insurance Co 2012 EWHC 50 (Comm), Mr Justice Blair held that a marine insurer could not avoid liability for machinery breakdown under a loss of hire policy
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
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- Workarea - Insurance & Reinsurance
- Workarea - Litigation
- Workarea - Shipping & Transport
- Firm Name - Edwards Wildman Palmer LLP
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