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Concept

 

This review considers some of the more important and interesting developments in insurance law, both case-law and legislation, in 2017.

 

 

Contents

Introduction

Legislation

  • Third Parties (Rights Against Insurers) Acts 1930 and 2010
  • Consumer Insurance (Disclosure and Representations) Act 2012
  • Insurance Act 2015

Placement of the risk

The contract of insurance

  • Scope of cover
  • Exclusion clauses

Insurance claims

  • Aggregation
  • Liability insurance
  • Arbitration
  • Damages for late payment
  • Notification
  • Consumer insurance, including Financial Ombudsman Service
  • Legal expenses insurance
  • Subrogation

Concluding observations

Insurance Law Review front cover

 

 

Important case law considered

  • AIG Europe Ltd v Woodman and Others (SC) [2017] UKSC 18; [2017] Lloyd’s Rep IR 209
  • AXA Vericherung AG v Arab Insurance Group (BSC) (CA) [2017] EWCA Civ 96; [2017] Lloyd’s Rep IR 216
  • Dalecroft Properties Ltd v Underwriters Subscribing to Certificate Number 755/BA004/2008/OIS/00000282/2008/005 (QBD (Comm Ct)) [2017] EWHC 1263 (Comm); [2017] Lloyd’s Rep IR 511
  • Gard Marine & Energy Ltd v China National Chartering Co Ltd (The Ocean Victory) [2017] UKSC 35; [2017] Lloyd’s Rep IR 291
  • Impact Funding Solutions Ltd v AIG Europe Insurance Ltd (SC) [2016] UKSC 57; [2017] Lloyd’s Rep IR 60
  • Ted Baker plc and Another v Axa Insurance UK plc and Others (CA) [2017] EWCA Civ 4097; [2017] Lloyd’s Rep IR 682
  • UK Insurance Ltd v R&S Pilling (trading as Phoenix Engineering) (CA) [2017] EWCA Civ 259; [2017] Lloyd’s Rep IR 463
  • W R Berkley Insurance (Europe) Ltd and Another v Teal Assurance Co Ltd (No 2) (CA) [2017] EWCA Civ 25; [2017] Lloyd’s Rep IR 259
  • Zurich Insurance plc v Maccaferri Ltd (CA) [2016] EWCA Civ 1302; [2017] Lloyd’s Rep IR 200

 

 


 

Authors

 

Alison Padfield QC

Barrister, 4 New Square

Alison specialises in commercial dispute resolution. She has particular expertise in insurance and reinsurance, professional negligence claims and professional disciplinary proceedings. Alison has substantial experience of insurance and reinsurance work for both underwriters and insureds across a wide range of types of business. She advises and represents clients in relation to all aspects of insurance claims including the construction of insurance policy wordings, breach of warranties and conditions precedent, non-disclosure and misrepresentation and claims under the Third Parties (Rights Against Insurers) Acts 1930 and 2010.

 

Miles Harris

Barrister, 4 New Square

Miles specialises in professional liability, insurance, property damage and commercial litigation. Miles acts in a wide range of cases within his areas of expertise, led and unled, from straightforward to complex high-value multi-party disputes, from the County Court to the High Court and the Court of Appeal. He has also been published and lectured widely, especially in matters related to the civil liability of lawyers and insurance. Miles is also an established accredited mediator, accepting instructions in a range of civil disputes. He is described in Chambers 2016 as having “extensive experience as a mediator and arbitrator”.

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