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Results: 1-10 of 83

Court of Appeal considers whether lack of client care letter prevents recovery of insured costs

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 23 2010

In Ghadami and Ghadami v Lyon Cole Insurance Group 2010 EWCA Civ 767, the Court of Appeal considered whether the deputy judge at first instance had erred in assessing that the claimant's liability was limited to paying the excess of the insurance policy

English Commercial Court considers challenge to an arbitration award

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 23 2010

In B v A 2010 EWHC 1626 (Comm), Mr Justice Tomlinson was asked to determine a preliminary issue concerning whether the claimant (B) had a realistic prospect of challenging an arbitration award (the Award) under sections 67 and 68 of the Arbitration Act 1996 (the Act

English High Court rules on purported avoidance of after-the-event insurance

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 22 2010

In Persimmon Homes Ltd v Great Lakes Reinsurance (UK) Plc 2010 EWHC 1705 (Comm), the High Court ruled that dishonesty on the part of a claimant which has taken out after the event (ATE) insurance can amount to a material non-disclosure such that the insurer may avoid the policy

Court of Appeal rejects insurers' appeal for access to privileged documents held by the Law Society

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 22 2010

The Court of Appeal has affirmed a High Court decision that prevents solicitors' insurers from gaining access to privileged documents held by the Law Society after an intervention in the firm

The problem of piracy reaches the English High Court

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 2 2010

The case of Cosco Bulk Carrier Co. Ltd v Team-Up Owning Co. Ltd 2010 EWHC 1340 (Comm) was an appeal to the High Court of a decision by an arbitration panel

High court refuses compensation for exaggerated claim

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • June 17 2010

In Farid Yeganeh v Zurich Plc and Zurich Insurance Company 2009 Folio 244, the High Court found that Zurich did not have to pay any compensation to Mr Yeganeh as he had breached a condition of his insurance policy by making fraudulent claims for property lost in a house fire

Commercial Court upholds tribunal award limiting recovery under business interruption policy

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • June 16 2010

The Commercial Court has upheld an arbitration award on business interruption insurance that used a "but for" approach to causation with the effect of limiting recovery by the insured

Subrogation and conditional fee agreements

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • June 3 2010

In Sousa v London Borough of Waltham Forest (CC (Leeds) (John Behrens) 1212010) the court found that an insurer, having brought a subrogated claim, was entitled to recover from the defendant a success fee paid under a Conditional Fee Agreement (CFA) as part of the insurer's costs of the subrogated claim, in which the insurer had been successful

Court of Appeal rules on VAT exemption for insurance intermediaries

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 28 2010

The Court of Appeal handed down its judgment in Commissioners for Her Majesty's Revenue and Customs v Insurancewide

High Court confirms operation of the anti-deprivation principle

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 28 2010

In Justin Mayhew v (1) Philip King (2) Milbank Trucks Ltd (Defendants) & Chaucer Insurance plc (Third Party and Part 20 Claimant) v Towergate Stafford Knight Company Limited & Ors Sir Edward Evans-Lombe held that a term of a settlement agreement which stated that a right to an indemnity would cease if the party with the benefit of the indemnity went into administration was contrary to the anti-deprivation principle and would be struck out