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Causation battle
- Mills & Reeve LLP
- -
- United Kingdom
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- December 31 2008
XL Insurance has defeated a claim against its policyholder Johnston Precast Ltd by proving that it was not responsible for a burst water main in Holland Park in 2004 (J Murphy & Sons Limited v Johnston Precast Limited
Employers’ liability policy trigger litigation
- Mills & Reeve LLP
- -
- United Kingdom
- -
- December 31 2008
These six consolidated actions (Durham v BAI (Run Off) Ltd and other cases) concerned the trigger under various employers' liability (EL) policies
Zeller v British Cayman Insurance Co Ltd importance of insured’s good faith when completing proposal form for health insurance
- Mills & Reeve LLP
- -
- United Kingdom
- -
- February 19 2008
An insurer was not entitled to repudiate liability under a health insurance contract where the insured had answered the questions on the health questionnaire completely and correctly to the best of his knowledge and belief
In brief
- Mills & Reeve LLP
- -
- United Kingdom
- -
- June 12 2007
E-filing of documents at the Commercial Court (known as phase 2 of CC IT) has slipped back a year
Arbory Group Ltd v West Carven Insurance Services - damages for loss of profit
- Mills & Reeve LLP
- -
- United Kingdom
- -
- June 12 2007
Where a company was underinsured for business interruption as a result of its broker’s negligent advice, it was reasonably foreseeable that the failure to effect sufficient cover would adversely affect the profitability of the business were a claim to be made under the policy
Non-disclosure
- Mills & Reeve LLP
- -
- United Kingdom
- -
- June 12 2007
There was a serious fire at Noblebright’s premises in 2005 and Noblebright claimed under its combined material damage and business interruption policy with Sirius
Civil engineers
- Mills & Reeve LLP
- -
- United Kingdom
- -
- June 12 2007
The claimant company entered into a contract with Shepherd Homes to design and carry out piling works for a residential development on reclaimed land
Reinsurance
- Mills & Reeve LLP
- -
- United Kingdom
- -
- June 12 2007
A “follow the settlements” clause and the back-to-back nature of the insurance and reinsurance contracts are not sufficient to displace the importance of the requirement that the relevant loss must fall within the scope of the reinsurance contract
Phillips & Co v Whately loss of chance
- Mills & Reeve LLP
- -
- United Kingdom
- -
- June 12 2007
This appeal considered the complexities which arise when assessing a loss of chance claim in circumstances involving a third-party claim against insurers
Kosmar Villa Holidays Plc v Trustees of Syndicate 1234 - reservation of rights
- Mills & Reeve LLP
- -
- United Kingdom
- -
- June 12 2007
Waiver by election can apply where an insurer fails to reserve its rights following the insured’s breach of a condition precedent in the policy
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