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Results: 1-10 of 77

High Court considers whether advance payment guarantees issued by insurance company were performance bonds or contracts of suretyship

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • January 19 2011

In Meritz Fire & Insurance Co Ltd v (1) Jan De Nul NV (2) Codralux SA 2010 EWHC 3362 (Comm), the High Court ruled that advance payment guarantees (APGs) issued by the claimant insurance company to the defendants, guaranteeing the repayment of payments made by the defendants under three shipbuilding contracts (the Contracts), were performance bonds or demand guarantees on which the claimant was liable without regard to the Contracts

High court ruling causes headache for solicitors' professional indemnity insurers

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

Mortgage Express v Mehrban Michael Singh Sawali 2010 EWHC 3054 (Ch) concerned attempts by Mortgage Express to obtain the entire contents of a solicitor's files created in relation to the solicitor's joint retention by Mortgage Express and a number of its borrowers

Fraudulent misrepresentation by onshore agent to offshore insurer

  • Edwards Wildman Palmer LLP
  • -
  • Isle of Man, United Kingdom
  • -
  • December 16 2010

In Templeton Insurance Ltd v Motorcare Warranties Ltd 2010 EWHC 3113 (Comm) the Commercial Court heard a dispute between Templeton, an insurance company incorporated in the Isle of Man, engaged in the business of selling mechanical breakdown insurance (MBI), and its UK agent, Motorcare

High Court refuses stay in favour of arguable arbitration clause

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 8 2010

In the case of Noble Denton Middle East and Another v Noble Denton International Limited 2010 EWHC 2574, Mr Justice Burton was asked to decide two points

Prudential test case relating to UK dividend taxation adjourned

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 24 2010

Prudential Assurance Co Ltd & Ors v Revenue & Customs Commissioners 2010 EWHC 2811 (Ch) concerned the UK's former rules on the taxation of dividends received by insurance companies resident in the UK on shareholdings in foreign companies which were held as investments in their pension and life assurance business

ATE insurer liable to solicitors under 'no win, no fee' guarantee

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

In the recent case of Greene Wood Mclean LLP v Templeton Insurance Ltd (2010) EWHC 2679 (Comm), the Commercial Court considered whether Templeton was liable to GWM, a firm of solicitors, under an after-the-event (ATE) insurance policy

English Commercial Court considers the effect of sanctions on a P&I club

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 10 2010

In Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Limited 2010 EWHC 2661 (Comm) the Commercial Court had to assess the impact of the Financial Restrictions (Iran) Order 2009 (the Order), and a licence made under it (the Licence), on the provision of marine professional and indemnity (P&I) insurance

High Court finds insurers not on risk because of non-disclosure and breach of warranty

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 5 2010

In the case of Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors 2010 EWHC 2636 (Comm) Mr Justice Burton reaffirmed the English Court's approach to non-disclosure and breach of warranty

Underwriters obliged to disclose confidential documents following fraud by third party

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 4 2010

Underwriters can be ordered to disclose documents related to an application against them for a third party costs order under the Senior Courts Act s

Court of Appeal rules on assessment of damages for personal injury in motor accidents

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

In Clinton David Jacobs v Motor Insurance Bureau 2010 EWCA Civ 1208, the Court of Appeal held that where a person is injured by an uninsured driver and is entitled to recover from the Motor Insurers Bureau (MIB), that person is entitled to recover damages assessed according to English law, rather than the law where the accident occurred