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Interpretation of actual and constructive total loss under the Marine Insurance Act 1906
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 25 2010
Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906
English High Court finds that Rome II applies to a motor compensation dispute
- Edwards Wildman Palmer LLP
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- Spain, United Kingdom
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- March 4 2010
The High Court ruled, in Clinton David Jacobs v Motor Insurers' Bureau 2010 EWHC 231 (QB), that under European Union Regulation 8642007 (Rome II), Spanish law applied in the case of a UK resident seeking compensation for serious injuries sustained in Spain, at the hands of an uninsured driver, then resident in Spain
High Court rules on avoidance and breach of warranty issues
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 17 2009
The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends
Contra Proferentem principle applies to ambiguous questions in proposal form
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
High Court refuses compensation for "toxic sofa" victims for breach of claims control clause
- Edwards Wildman Palmer LLP
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- United Kingdom
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- March 30 2010
The English High Court, in Clare Horwood & Others v Land of Leather (In Administration) & Zurich Insurance PLC & Others 2010 EWHC 546 (Comm), held that Zurich did not have to pay compensation to customers who suffered burns from "toxic sofas" sold by the now-defunct Land of Leather
English High Court considers the application of Rome II
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 12 2010
In Robert Bacon v Nacional Suiza Cia Seguros Y Reseguros SA 2010 EWHC 2017 (QB), Mr Justice Tomlinson, in a preliminary issue hearing, was asked to determine (i) the grounds why Spanish law was applicable to the Defendant's liability; and (ii) the issue of liability itself
Construction of termination and release agreement; claims in fraud
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 30 2009
1) Cavell USA (2) Kenneth Edward Randall v (1) Seaton Insurance (2) Stonewall Insurance 2009 EWCA Civ 1363 concerned the construction of a termination and release agreement, which provided for English law and jurisdiction and, under clause 13, for a full release by Randall from "all actions, causes of action, suits, claims and demands whatsoever, whether at law or equity…save…(iii) in the case of fraud" on Randall's part
High Court rules on existence of insurance policy
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
High Court rules no liability for lack of timely notice
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
Insurer entitled to avoid policy from inception under fraudulent claims clause
- Edwards Wildman Palmer LLP
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- United Kingdom
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- October 14 2010
In the recent case of Joseph Fielding Properties (Blackpool) Ltd v Aviva Insurance Ltd (2010) EWHC 2192 (QB) the High Court was asked to consider whether an insurer was entitled to avoid a policy from inception relying on previous fraudulent and exaggerated claims, and misrepresentations and non-disclosures made by the claimant ('JFP'
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- Workarea - Litigation
- Workarea - Insurance & Reinsurance
- Author - Brian Green
- Jurisdiction - United Kingdom
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