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Theall Group LLP | Canada | 21 Sep 2021

Canadian Superior Court provides guidance on use of expert's report in duty to defend application

A recent case provides guidance on the use of an expert's report when interpreting an important exclusion on a duty to defend application. If an insured is presented with only preliminary findings that call for further investigation, this will not rise to the level of knowledge required to find that a loss was "expected" and, therefore, excluded from coverage. If an insured is only presented......
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Arnecke Sibeth Dabelstein | Germany | 14 Sep 2021

European Court of Justice rules on taxation for insurance of seagoing vessels

The Finance Court of Cologne recently requested a preliminary ruling from the European Court of Justice on a proceeding between a UK protection and indemnity insurance company and the Federal Central Tax Office for Germany. The verdict ended a year-long legal discussion regarding whether paragraph 1(2) of the Insurance Tax Act referred to the shipping register proving ownership or the......
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Levitan Sharon & Co | Israel | 14 Sep 2021

Breach of age limitation: total discharge of insurer or partial payment of benefits?

During a recent additional hearing held by the Supreme Court, an extended panel of five judges considered whether a 23-year-old driver was entitled to coverage under a car insurance policy limited to drivers aged 30 and over. The judgment determined that the insurer, Hachshara, would be discharged of liability under the policy in view of the insured's breach of the age limitation.
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CAL - Costa, Albino & Lasalvia Advogados | Brazil | 31 Aug 2021

Resolution 407 provides P&T underwriters with freedom to contract on bespoke policy wordings

Resolution 407 releases parties from the obligation to contract on the standard form wording issued by the Brazilian insurance regulator, and allows them to exercise freedom of contract when drafting their wordings. The resolution represents the most interesting regulatory development in the Brazilian ports and terminals market for many years.
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Levitan Sharon & Co | Israel | 17 Aug 2021

Should interpretation of insurance circulars lie with commissioner or court?

Following a class action against five insurance companies regarding interest charges added to policy premiums, the Supreme Court held an additional hearing and determined that the interpretation of the commissioner's circulars should be made by the court and not by the commissioner.
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KPMG Law | Sweden | 28 Jul 2021

Ontario expands rapid testing for essential businesses

The Ontario government, in partnership with the Ontario Chamber of Commerce, recently launched the Provincial Antigen Screening Program allowing all essential businesses to access free covid-19 rapid testing. Eligible businesses with on-site staff are being encourage by the Ontario government to partake in the initiative.
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DLA Piper | Italy | 27 Jul 2021

Administrative Court eases intermediary obligations with annulment of regulation amendments

The Administrative Court of Lazio recently upheld an appeal brought against the Insurance Supervisory Authority (IVASS) by the Sindacato Nazionale Agents di Assicurazione. The appeal concerned the annulment of certain provisions of IVASS measure 97, which amended IVASS Regulation 40/2018 on insurance distribution.
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Mannheimer Swartling | Sweden | 27 Jul 2021

New guidance on compensation reductions due to provision of incorrect information

The Supreme Court has issued a judgment establishing guidance on adjusting insurance compensation following a case in which an insured party maintained inaccurate information that had been provided to the insurer prior to the current claim.
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WSCO Advokatpartnerselskab | Denmark | 20 Jul 2021

When should damage be considered primary or secondary?

In the aftermath of storm Bodil, which struck between 5 and 6 December 2013, determining whether water and moisture damages to building facades should be considered a primary damage or a secondary damage became a crucial point of consideration for the Arbitration Court for Building and Construction.
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CETINKAYA | Turkey | 13 Jul 2021

New regulation on distance insurance and consumer insurance contracts

The Insurance and Pension Regulation and Supervision Agency recently published the Regulation on Activities to be Evaluated under Insurance Services and on Distance Insurance Contracts. This regulation defines activities that fall under consumer insurance services and insurance agreements. It also regulates distance insurance agreements and the scope of insurance provided with the sale of......
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