Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

Full story

New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

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Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG – WLR Daily

Posted October 22nd, 2014 in appeals, fraud, insurance, law reports, proportionality by sally

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG [2014] EWCA Civ 1349; [2014] WLR (D) 433

‘The rule that a fraudulent insurance claim deprived the insured of any right to recover anything applied also to fraudulent devices, namely, the making of statements which were known by the insured to be untrue or which were made recklessly, not caring whether they were true or false, in support of a claim honestly believed by him to be good both as to liability and amount.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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New laws to support Good Samaritans move forward – Ministry of Justice

Posted October 22nd, 2014 in bills, employment, insurance, news, volunteers by sally

‘Law changes designed to support Good Samaritans and community heroes yesterday moved a step forward.’

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Ministry of Justice, 21st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by tracey

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

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New whiplash and PPI claim rules – Ministry of Justice

‘The latest stages of the government’s work on compensation claims take effect today (Wednesday 1 October 2014) with new measures around whiplash and PPI claims.’

Full press release

Minsitry of Justice, 1st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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To Absent Friends…Part II – RTA Fraud – Zenith PI Blog

Posted September 30th, 2014 in fraud, insurance, mental health, news by tracey

‘Liverpool Victoria Insurance Company Ltd v Thumber [2014] EWHC 3051 (QB). It is worth spending a short time looking at some of the comments made by the judge. By way of a refresher, this was a road traffic accident involving a vehicle valued at £6,000, with credit hire charges of £130,000. The claim was found to be fraudulent, with the Claimant sentenced, in his absence, to 12 months imprisonment, following committal proceedings commenced by the Defendant insurer.’

Full story

Zenith PI Blog, 29th September 2014

Source: www.zenithpi.wordpress.com

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Competition watchdog bans deals between motor insurance and price comparison websites – OUT-LAW.com

Posted September 29th, 2014 in competition, consumer protection, electronic commerce, insurance, internet, news, ombudsmen by tracey

‘Exclusive pricing deals between car insurance providers and price comparison websites (PCWs) will be banned, the UK’s competition watchdog has confirmed, as part of its plans to increase competition and reduce the cost of insurance premiums for drivers.’

Full story

OUT-LAW.com, 26th September 2014

Source: www.out-law.com

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Ombudsman reins in insurer claims of alcohol abuse – The Guardian

Posted September 23rd, 2014 in alcohol abuse, insurance, news, ombudsmen by sally

‘How much booze is too much? The UK’s financial ombudsman has revealed that some insurers are unfairly accusing their customers of alcohol abuse, or labelling them alcoholics, even though medical evidence showed they only had one or two drinks.’

Full story

The Guardian, 23rd September 2014

Source: www.guardian.co.uk

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Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

Full story

Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

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Consumer panel calls into question barristers’ £500,000 indemnity limit – Litigation Futures

Posted September 17th, 2014 in barristers, indemnities, insurance, legal profession, legal services, news by tracey

‘The Legal Services Consumer Panel has called into question the existing minimum indemnity cover limit of £500,000 for barristers and called for more research before the limit is extended to firms regulated by the Bar Standards Board (BSB).’

Full story

Litigation Futures, 17th September 2014

Source: www.litigationfutures.co.uk

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Guilty, the man who conned his brother out of £1.5m inheritance – Daily Telegraph

Posted September 10th, 2014 in families, forgery, fraud, insurance, news, probate, trusts by sally

‘Peter Howes forged the signature of his brother and mother, cashed in life insurance policies and siphoned off the proceeds of the sale of the £1m family home.’

Full story

Daily Telegraph, 9th September 2014

Source: www.telegraph.co.uk

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Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

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Riot damages reforms are questioned by insurers – BBC News

Posted August 5th, 2014 in compensation, criminal damage, insurance, news, police, violent disorder by sally

‘Insurers have warned that proposed changes to the Riot Damages Act could lead to higher premiums or reduce access to insurance.’

Full story

BBC News, 5th August 2014

Source: www.bbc.co.uk

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Whiplash assessment report fees cut to tackle fake claims – BBC News

‘Medical assessment fees for people who claim they have suffered whiplash are to be cut in England and Wales.’

Full story

BBC News, 3rd August 2014

Source: www.bbc.co.uk

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Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

Full story

The Independent, 1st August 2014

Source: www.independent.co.uk

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Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Private nuisance – Article 6 and the costs conundrum – UK Human Rights Blog

Posted July 25th, 2014 in costs, human rights, insurance, news, nuisance, protective costs orders by tracey

‘Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014. Two important cases in the last few days showing how difficult it is to find a fair way to litigate private nuisance cases. Most of these claims have a modest financial value, but may raise complex factual and expert issues, even before you get to the law. The first case I shall deal with, Coventry, shows the iniquities of the recently departed system. The second, Austin, the dangers of the new.’

Full story

UK Human Rights Blog, 23rd July 2014

Source: www.ukhumanrightsblog.com

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Supreme Court: recoverability “may have breached article 6″ and could spark compensation claims – Litigation Futures

Posted July 24th, 2014 in appeals, fees, human rights, insurance, news, Supreme Court by sally

‘The pre-Jackson regime of recoverable success fees and after-the-event (ATE) insurance may breach the European Convention on Human Rights, with “very serious consequences for the government”, the Supreme Court suggested yesterday.’

Full story

Litigation Futures, 24th July 2014

Source: www.litigationfutures.com

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Insurance Contract Law – Law Commission

Posted July 18th, 2014 in contracts, insurance, press releases by tracey

‘Report from the Law Commissions of England and Wales and of Scotland making recommendations for reform to modernise business insurance law. The majority of these recommendations are included in the Government’s Insurance Bill.’

Full press release

Law Commission, 17th July 2014

Source: www.justice.gov.uk/lawcommission

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Businessman jailed for fraud after faking own death – Daily Telegraph

Posted June 18th, 2014 in debts, fraud, insurance, news, sentencing by sally

‘Debt-ridden businessman Sanjay Kumar faked his own death to claim millions of pounds in life insurance.’

Full story

Daily Telegraph, 17th June 2014

Source: www.telegraph.co.uk

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