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Results: 1-10 of 77

Fabrication of documents

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

In Yechiel v Kerry London Limited 2010 EWHC 215 (Comm) the High Court had to decide whether Norwich Union had been notified by Yechiel's insurance brokers, Kerry London, that Yechiel would be removing jewellery valued at £133,600 from a Selfridges safe deposit box for more than 14 days

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

Court of Appeal finds that Alzheimer's disease was no excuse for insurance fraud

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • August 4 2009

In Markel International Insurance Company v Timothy Higgins, QBE Insurance (Europe) and another v Timothy Higgins 2009 EWCA Civ 790, the Court of Appeal held that the High Court Judge was correct in his finding that the defendant, Mr Higgins, an underwriting agent who suffered from Alzheimer's disease, had either conspired with others to defraud Markel and QBE (his principals) or that he had given dishonest assistance to others in breach of his fiduciary duty to MarkelQBE

Court can deprive a successful defendant of costs following lies at trial

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 21 2009

The Court of Appeal has ruled that it can be within a court's discretion to reduce a successful defendant's costs award by two thirds because of lies told during the trial

A finding of contractual liability does not prevent a finding of tortious liability

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

In Omega Proteins Limited v Aspen Insurance UK Ltd 2010 EWHC 220 (Comm) the High Court was asked to consider whether a judgment that an insured was liable for breach of contract prevented a court from finding tortious liability within the same cover

High Court provides guidance on the role of the insurance broker in relation to the duty to disclose to insurers

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

In Nicholas G Jones v (1) Environcom Limited; (2) Environcom England Limited and MS Plc 2010 EWHC 759 (Comm), the High Court ruled that an insurance broker must satisfy himself that the duty of disclosure is fully understood by the client

High Court rules no liability for lack of timely notice

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • April 7 2010

The English High Court, in Loyaltrend Limited and Sye Razvi v Brit UW Limited & Others 2010 EWHC 425 (Comm), ruled in favour of the Second Defendant (Brit) because the Claimants failed to notify the insurer in a timely manner as specified in the policy

ATE insurance

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 7 2010

In Parker v Seixo 2010 EWHC 90162 (costs), which concerned the legal costs of a road traffic accident claim, the Court found that it should not consider the reasonableness of an After-The-Event insurance policy premium where the underwriter was better placed to rate the financial risk faced by the insurer and where there was no expert evidence to suggest that the ATE premium was unreasonable

Insurers face more noise-induced hearing loss claims following Court of Appeal decision

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

Insurers may see increased exposure on employers' liability policies in 2010, particularly related to noise-related personal injuries, as the effects of the so-called textile deafness test litigation are felt in the industry

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