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Results: 1-10 of 77

Contra Proferentem principle applies to ambiguous questions in proposal form

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 13 2009

The High Court's decision in R&R Development Ltd v AXA Insurance UK Plc 2009 EWHC 2424 (Ch) concerned the issue of whether ambiguous questions in a proposal form for a contract of insurance could be construed by following the Contra Proferentem principle without the need for the court to decide upon the correct interpretation of the questions

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

Application for extension of time is barred by the Court of Appeal

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

The Court of Appeal, in City & General (Holborn) Ltd v Royal Sun Alliance Plc 2010 EWCA Civ 911, was asked to consider whether the earlier decision to set aside an extension of time for service of a claim form (granted due to the claim being time-barred) was correct

High Court rules on existence of insurance policy

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • April 21 2010

In Ian Hall v (1) Newall Heating Limited; (2) AGF Insurance Limited (March 2010) unreported, the court held that Mr Hall, who is suffering from mesothelioma caused by exposure to asbestos, could not identify AGF Insurance (AGF) as being liable, pursuant to the provisions of the Third Party (Rights against Insurers) Act 1930, to satisfy a default judgment obtained against Newall Heating (Newall

Court of Appeal seeks guidance from Europe on an insurer's right of recovery under the Road Traffic Act 1988

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 26 2010

The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer's right of recovery

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 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

LMX spiral claims - landmark decision

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 12 2009

The much anticipated judgment in Equitas v R&Q Reinsurance (Brandywine) was handed down yesterday in the English Commercial Court

English Court of Appeal addresses determining factors in the law applicable to a contract of reinsurance

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 13 2010

We previously reported the judgment of Mr Justice Hamblen in Gard Marine & Energy Ltd v LLoyd Tunnicliffe and Ors concerning the law applicable to a contract of reinsurance

High Court provides clarity on time limits in arbitration clauses

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 27 2010

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned