Supreme Court considers the application of the SAAMCO Principle
29.03.2017 | Insurance & Reinsurance
The House of Lords articulated the principle that a person under a duty to take reasonable care to provide information on which someone else will decide upon a course of action is, if negligent, not generally regarded as responsible for all the consequences of that action but only for the consequences of the information being wrong.
Aggregating claims under professional insurance policies
22.03.2017 | Insurance & Reinsurance
AIG Europe Limited v Woodman is the first judicial consideration of the proper construction of the aggregation clause in the Minimum Terms and Conditions of Professional Indemnity Insurance for Solicitors and Registered European Lawyers in England and Wales (MTC).
Are you ready for the new Insurance Competition Regime?
15.03.2017 | Insurance & Reinsurance
On 30 March 2017, the EU Insurance Block Exemption Regulation 267/2010 (IBER) will expire, removing the automatic exemption from EU antitrust rules for (a) joint compilations, tables and studies; and (b) insurance and co-insurance pools. Going forward, parties to such agreements will have to “self-assess” to ensure that their agreements comply with EU competition rules.
German claims - what now for the brokers?
14.03.2017 | Insurance & Reinsurance
At the beginning of 2016 the German Supreme Court delivered a judgement with far reaching consequences for insurers and brokers operating in Germany. Prior to this decision, it had been normal for brokers to be instructed by insureds and at the same time handle claims on behalf of the insurers.
A fair presentation?
06.03.2017 | Insurance & Reinsurance
On 28 February 2017, the Court of Appeal handed down judgment in the case of Axa Versicherung Ag v Arab Insurance Group (Axa v ARIG). In its decision, the Court upheld the judgment of Males J in the Commercial Court in which he had held that Axa was not entitled to avoid a first loss reinsurance of ARIG covering energy construction losses.
What's new in the courts?
29.07.2016 | Insurance & Reinsurance
As part of the July 2016 Insurance E-Brief, we take a look at recent changes that have taken place in the courts.