Proving causation—business interruption insurance coverage amid coronavirus (COVID-19) – Monckton Chambers

Posted June 26th, 2020 in causation, chambers articles, coronavirus, insurance, news by sally

‘Steven Gee QC, commercial barrister and arbitrator, and Kristina Lukacova, barrister, both at Monckton Chambers, discuss coverage under business interruption insurance during the coronavirus (COVID-19) pandemic.’

Full Story

Monckton Chambers, 16th June 2020

Source: www.monckton.com

Court blocks new expert on disabled claimant’s life expectancy – Law Society’s Gazette

Posted June 17th, 2020 in damages, evidence, expert witnesses, insurance, news, personal injuries by sally

‘The High Court has refused an insurer permission to rely on a new expert whose evidence reduced the estimated life expectancy of a personal injury claimant.’

Full Story

Law Society's Gazette, 17th June 2020

Source: www.lawgazette.co.uk

Restoring companies to the register: article exploring issues arising in mesothelioma litigation and the conflict between the Compensation Act 2006 and 2010 – Parklane Plowden Chambers

‘This article intends to investigate probably well-rehearsed principles implied in bringing actions for personal injury against long-since defunct and even dissolved companies.’

Full Story

Parklane Plowden Chambers, 10th June 2020

Source: www.parklaneplowden.co.uk

Limitation: When Does Time Start to Run? – Hailsham Chambers

Posted June 11th, 2020 in contracts, disabled persons, insurance, limitations, news, restitution by sally

‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’

Full Story

Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Covid-19 being used to “stall” brain injury claims – Litigation Futures

‘Just over a quarter (26%) of defendants are using Covid-19 as an excuse to stall brain injury claims, despite guidelines urging the parties to take a consensual approach, research has suggested.’

Full Story

Litigation Futures, 9th June 2020

Source: www.litigationfutures.com

BI insurance test case set for late July – Litigation Futures

Posted June 4th, 2020 in coronavirus, insurance, news by sally

‘The Financial Conduct Authority (FCA) is expecting the High Court to hear its test cases on whether business interruption (BI) insurance policies cover Covid-19 in the second half of July.’

Full Story

Litigation Futures, 1 June 2020

Source: www.litigationfutures.com

Insurance Broker Claims – Breach of Duty – Hailsham Chambers

Posted May 27th, 2020 in chambers articles, coronavirus, insurance, news by sally

‘The insurance world is currently on high alert due to the circumstances around Covid-19 leading to widespread notifications on Business Interruption (BI) policies, among others. This note, prepared by William Flenley QC and Alicia Tew, considers issues relating to breach of duty by insurance brokers which arise out of business interruption policies. A further note will consider causation and loss in insurance broker claims.’

Full Story

Hailsham Chambers, May 2020

Source: www.hailshamchambers.com

FCA instructs City giant to run BI insurance test cases – Litigation Futures

Posted May 20th, 2020 in coronavirus, financial services ombudsman, insurance, news by sally

‘The Financial Conduct Authority (FCA) has instructed City giant Herbert Smith Freehills for the test cases it intends to run on whether business interruption (BI) insurance covers the coronavirus pandemic.’

Full Story

Litigation Futures, 18th May 2020

Source: www.litigationfutures.com

Avoidance Of Insurance Policy Due To Unintentional Non-Disclosure Clause: Acorn Finance Limited v Markel (UK) Ltd [202] EWHC 922 Considered – Park Square Barristers

Posted May 19th, 2020 in chambers articles, indemnities, insurance, negligence, news, valuation by sally

‘In this recent case, the Defendant was the professional indemnity insurer of Westoe 19 (formerly Colin Lilley Surveying Limited) referred to throughout the Judgment as “CLS”. CLS was a limited company whose business was property valuation.’

Full Story

Park Square Barristers, 12th May 2020

Source: www.parksquarebarristers.co.uk

Business Interruption Insurance Claims arising from COVID-19 – 3PB

Posted May 12th, 2020 in coronavirus, economic loss, insurance, news by sally

‘Businesses across the country remain shut down and face mounting losses affecting not just cash-flow, but their very survival.’

Full Story

3PB, 28th April 2020

Source: www.3pb.co.uk

Holiday Claims And COVID-19: What Options Do You Have If Your Travel Plans Are Disrupted? – 3PB

Posted May 12th, 2020 in airlines, chambers articles, coronavirus, holidays, insurance, news by sally

‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’

Full Story

3PB, 4th May 2020

Source: www.3pb.co.uk

Case Comment: Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11 – UKSC Blog

‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’

Full Story

UKSC Blog, 5th May 2020

Source: ukscblog.com

An Insight into Business Interruption Insurance: Causation & Quantum – Hailsham Chambers

‘This article is the second in a series from Hailsham Chambers addressing insurance implications from the current Covid-19 situation. It explores various causation, mitigation and quantum issues that are likely to arise in that litigation.’

Full Story

Hailsham Chambers, April 2020

Source: www.hailshamchambers.com

Financial watchdog asks courts to clarify coronavirus business insurance – The Guardian

‘Britain’s financial watchdog is urgently seeking clarity from the courts over the insurance rights of companies whose business has been disrupted by the Covid-19 pandemic.’

Full Story

The Guardian, 1st May 2020

Source: www.theguardian.com

Judge sounds warning about ‘lazy’ solicitors over years of inactivity – Law Society’s Gazette

‘A High Court judge has narrowly allowed a case to survive despite a wait of almost three years following the identification of a party. Solicitors for the claimant in Gregory v H J Haynes had applied for the limitation period to be extended after a fruitless search for the defendant’s insurer had taken them past the initial three-year limitation date.’

Full Story

Law Society's Gazette, 28th April 2020

Source: www.lawgazette.co.uk

ABI/ACSO deal aims to keep medicals and rehab going – Litigation Futures

Posted April 28th, 2020 in coronavirus, insurance, medical treatment, news, rehabilitation by sally

‘Insurers, law firms and suppliers have agreed a ‘statement of intent’ to keep non-MedCo medical examinations and rehabilitation going remotely during the Covid-19 crisis.’

Full Story

Litigation Futures, 27th April 2020

Source: www.litigationfutures.com

COVID 19 and Business Interruption Insurance – Hailsham Chambers

Posted April 24th, 2020 in chambers articles, company law, coronavirus, insurance, news by sally

‘Given the scale of the damage to the UK economy which the pandemic continues to cause, it is unsurprising that a large number of claims has already arisen. We can expect considerable litigation, not least because individual claims will turn on their particular facts and the precise policy wording employed. Further, the problems associated with these claims place a spotlight on the potential liability of brokers. Nonetheless, certain general points and themes can be discussed at a high level.’

Full Story

Hailsham Chambers, April 2020

Source: www.hailshamchambers.com

COVID-19 and Business Interruption Insurance – Thomas More Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, insurance, news by sally

‘If you find the word “virus” in the Definitions section of a typical business insurance policy, it will likely refer to malware, trojans or spyware infecting a company’s computer system and not to Covid-19 or anything like it which infects people.’

Full Story

Thomas More Chambers, 14th April 2020

Source: www.thomasmore.co.uk

UK insurers face legal action from small firms over Covid-19 claims – The Guardian

Posted April 14th, 2020 in coronavirus, insurance, news by sally

‘Some of Britain’s biggest insurance companies are facing legal action from small business owners who say their legitimate business interruption claims have been unfairly turned down.’

Full Story

The Guardian, 12th April 2020

Source: www.theguardian.com

New Judgment: Aspen Underwriting Ltd & Ors v Credit Europe Bank NV; & anor case [2020] UKSC 11 – UKSC Blog

Posted April 6th, 2020 in appeals, banking, EC law, insurance, jurisdiction, news, Supreme Court by sally

‘The High Court of England and Wales does not have jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.’

Full Story

UKSC Blog, 1st April 2020

Source: ukscblog.com