The Supreme Court published two judgments on how dishonesty affects insurance claims before the end of the most recent Trinity term:10 August 2016
France: Jurisdiction clause
Pursuant to Article 23 of EC Regulation no. 44/2001 on jurisdiction, a jurisdiction clause inserted in the contract signed between the manufacturer of a good and the first buyer does not bind the second buyer, except if the latter expressly gave his/her consent to the said jurisdiction clause. In the present case, the French Supreme Court ruled that a jurisdiction clause which was not ratified by a second buyer does not bind the insurer of the said second buyer initiating legal proceedings against the manufacturer of the air-conditioning units bought (French Supreme Court, 11 September 2013, no. 09-12442).
Yes – to an extent. In the case of Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) UKSC 2014/0252 (The Merwestone), the...21 July 2016