The Great Fire of London was finally extinguished 350 years ago today. New insurance structures emerged in the aftermath of the Great Fire – which bear striking resemblance to some of ...05 September 2016
UK: Blanket notification of claims where some had not been properly investigated
The defendants had only accepted liability for the 32 files and not the additional 5000 files. The High Court decided that the defendants had been wrong in its stance in rejecting the notification buy declined to make the declaration on the basis that any declaration would be either too narrow or too broad. The judge awarded the claimants 60 per cent of their costs. The claimants appealed the judge's refusal to make a declaration; the Court of Appeal dismissed that appeal as there was no basis for interfering with the exercise of discretion by the judge to withhold declaratory relief for which she had given a detailed and rational explanation. The defendants appealed against the High Court's costs award; the Court of Appeal dismissed this appeal on the basis that it had been a matter for the judge's discretion and evaluation as to the appropriate apportionment of costs and she had been best placed to assess the position.
The Insurance Act 2015 (the "Act") comes into force tomorrow. It represents a fundamental departure from existing insurance law. The changes impact on a number of key areas which are...11 August 2016
The Supreme Court published two judgments on how dishonesty affects insurance claims before the end of the most recent Trinity term:10 August 2016