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Khaitan Legal Associates | India | 5 May 2022

WHEN IN DOUBT - “contra proferentem”

“It is entrenched in our jurisprudence that an ambiguous term in an insurance contract is to be construed harmoniously by reading the contract in its…
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LK Shields | Ireland | 28 Apr 2022

Zurich Insurance plc Entitled to Withdraw Storm Insurance Cover

In February, the Court of Appeal upheld a decision of the High Court to dismiss proceedings brought against Zurich Insurance plc in which an insured…
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Arendt & Medernach | Luxembourg | 27 Apr 2022

Inactivity in accounts, safe-deposit boxes and insurance contracts: a new era will now begin!

Following a lengthy parliamentary process, the new law on inactive (bank) accounts, safe-deposit boxes and unclaimed insurance contracts (the “Law”)…
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Fellner Wratzfeld & Partner | Austria | 15 Mar 2022

Reversal of life insurance contracts

In 2013 the Court of Justice the European Union (ECJ) ruled that the right of withdrawal from a life insurance contract can in fact be exercised for…
Commentary
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KaiRong Law Firm | China | 2 Mar 2022

What compensation can be obtained for death or bodily injury of ship crew members?

Marine accidents that cause death or bodily injury to crew members still occasionally occur due to the dangers inherent in maritime navigation. Questions concerning the compensation that crew members or their statutory close relatives can obtain may arise in the wake of such tragic accidents. This article discusses such issues in the context of claims made under the jurisdiction of the......
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DLA Piper | Italy | 16 Feb 2022

IVASS launches a new consultation on financial statement schemes for insurance and reinsurance undertakings

On 15 February 2022, the Italian Insurance Supervisory Authority (“IVASS”) published Consultation Paper no. 2/2022 (the “Consultation Paper”)…
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Cordato Partners | Australia | 7 Feb 2022

Communicable disease exclusion held effective to deny a music festival promoter a Covid-19 cancellation insurance claim

Outback took out Cancellation insurance on 30 September 2019 for its "Big Red Bash" music festival to take place in July 2020. On 3 April 2020…
Commentary
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Levitan, Sharon & Co | Israel | 11 Jan 2022

Supreme Court cancels VIG precedent: foreign insurer is entitled to file subrogation claim in Israel

In a recent case, the Supreme Court dealt with the question of whether a foreign insurer is entitled to file a subrogation claim against the wrongdoer. This judgment rectifies the wrong decision of the VIG judgment that, for the past five years, has placed unnecessary and unjustified difficulties in the way of foreign insurers in recovery actions. The law is now clear: the foreign insurer is......
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Oh-Ebashi LPC & Partners | Japan | 14 Dec 2021

倒産手続における保険契約の取扱いの相違

保険契約は、何十年間、場合によっては終身期間の契約と なっているものもあります。保険事業者(保険会社を含みます。 以下同…
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DLA Piper | Australia | 25 Nov 2021

“But they’re not an Insured!” - NSW Supreme Court reaffirms third party beneficiary principles under the Insurance Contracts Act

The NSW Supreme Court held that Brightcity International Pty Ltd, an importer of goods, was entitled to indemnity as a third party beneficiary under…
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