Travel & Aviation Bulletin – Special Focus – 3 Hare Court
‘Welcome to our Special Focus edition of the Travel & Aviation Bulletin, edited by Katherine Deal KC.’
3 Hare Court, 18th September 2024
Source: www.3harecourt.com
Category: insurance
Key changes to ICAEW Professional Indemnity Insurance requirements – Kingsley Napley Regulatory Blog
‘In December 2023, the ICAEW Regulatory Board, along with the Professional Indemnity Insurance Committee (PIIC), began reviewing ICAEW’s insurance requirements. A consultation on the proposed changes was held from 18 October to 14 December 2023. After reviewing the feedback, the ICAEW has confirmed changes to the Professional Indemnity Insurance (PII) regime to take effect on 1 September 2024. This blog will explore the PII requirements, a summary of key changes and their purpose and impact.’
Kingsley Napley Regulatory Blog, 23rd September 2024
Source: www.kingsleynapley.co.uk
Insolvency cover clarified – Peabody Trust v NHBC – Local Government Lawyer
‘The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.’
Local Government Lawyer, 20th September 2024
Source: www.localgovernmentlawyer.co.uk
UK insurance firms must ensure fair value of products following FCA review – OUT-LAW.com
‘Manufacturers and distributors of non-investment insurance products may need to re-consider the efficacy of their product value assessments and ensure they are fully aware of their responsibilities to consumers following the findings of a UK Financial Conduct Authority (FCA) thematic review.’
OUT-LAW.com, 2nd September 2024
Source: www.pinsentmasons.com
Financial watchdog to review pure protection insurance market – The Independent
‘The financial watchdog is to review the UK’s pure protection insurance market, amid concerns that competition in the sector is “not working well”.’
The Independent, 28th August 2024
Source: www.independent.co.uk
City watchdog raises concerns over £4bn life insurance market – The Guardian
‘The UK financial watchdog is to investigate whether insurance companies are ripping off “vulnerable” customers who take out policies designed to financially protect them and their families in case of serious illness or death.’
The Guardian, 28th August 2024
Source: www.theguardian.com
The need for speed in BSA funding decisions – Falcon Chambers
‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’
Falcon Chambers, 22nd July 2024
Source: www.falcon-chambers.com
Insurers hail ruling that credit hire company was the ‘real instigator’ of claim – Law Society’s Gazette
‘Insurers have hailed a county court judgment on credit hire – the provision of a temporary vehicle by a claims management company in an RTA claim – as a significant turning point on costs liability.’
Law Society's Gazette, 22nd July 2024
Source: www.lawgazette.co.uk
Insurers win costs orders against Anexo over credit hire – Legal Futures
‘His Honour Judge Saunders in Central London County Court held that Direct Accident Management Ltd (DAML) was the “real party” to litigation to recover the credit hire charges and should bear the risk of unsuccessful claims.’
Legal Futures, 19th July 2024
Source: www.legalfutures.co.uk
Man who killed girlfriend in crash jailed for 10 years – BBC News
‘A disqualified driver who killed his girlfriend after speeding into a garden wall has been sentenced to 10 years in jail.’
BBC News, 17th July 2024
Source: www.bbc.co.uk
Driver who left boy in road after crash sentenced – BBC News
‘A driver who hit a seven-year-old boy in his van and left the scene of the crash has been given a suspended sentence at Folkestone Magistrates’ Court.’
BBC News, 17th July 2024
Source: www.bbc.co.uk
High Court dismisses fundamentally dishonest £6.4m PI claim – Legal Futures
‘A man seriously injured in a motorbike crash “has only himself to blame” after his £6.4m claim was dismissed in the biggest case to date where fundamental dishonesty was found.’
Legal Futures, 4th July 2024
Source: www.legalfutures.co.uk
Norman Hay v Marsh – Henderson Chambers
‘In a brokers’ negligence claim, when is causation decided on the balance of probabilities and when is a loss of a chance analysis appropriate? Alice Nash considers this question in the light of a recent decision of Picken J in the context of a claim for failure to obtain insurance cover, where he said the loss of a chance approach should arguably prevail.’
Henderson Chambers, 14th May 2024
Source: www.hailshamchambers.com
Evidence in a credit hire claim: what does the claimant need to provide? – Five Pump Court Chambers
‘Credit hire claims often involve large sums of money, the majority of which is from the credit of the insurer. The exact amount of damages awarded is down, to a large degree, to the discretion of the judge so it is important for the claimant’s legal team to get as much of the evidence watertight before the hearing as possible. From experience at court, there are certain elements of a case which are hard to fix on the day of the hearing, but which can be caught in advance, and lead to a better result for the claimant.’
Five Pump Court Chambers, 22nd March 2024
Source: www.5pumpcourt.com
Thousands trapped in flats with Grenfell-style cladding ‘scammed’ by insurers – The Independent
‘Thousands of residents trapped in homes with Grenfell-style cladding that they cannot sell are being “scammed” by insurers demanding unaffordable premiums despite being told the buildings are safe, The Independent can reveal. Nearly seven years after the tragedy, which took place in west London in June 2017, residents living in cladded homes are seeing their insurance costs surge by up to 1,000 per cent.’
The Independent, 24th March 2024
Source: www.independent.co.uk
Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers
‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’
Gatehouse Chambers, 14th February 2024
Source: gatehouselaw.co.uk
Credit hire firm “voluntarily assumed” risk of claimants being dishonest – Legal Futures
‘A High Court judge has refused to overturn a non-party costs order (NPCO) against a credit hire company, saying the firm “voluntarily assumed the risk” of the claimants turning out to be dishonest.’
Legal Futures, 12th March 2024
Source: www.legalfutures.co.uk
Case Comment: Herculito Maritime Ltd and Ors v Gunvor International BV and Ors [2024] UKSC 2 – UKSC Blog
‘On 17 January 2024, the Supreme Court handed down judgment in Herculito Maritime Ltd & Ors v Gunvor International BV & Ors unanimously dismissing the appeal. In this post David McKie, Partner at CMS, comments on that judgment.’
UKSC Blog, 27th February 2024
Source: ukscblog.com
ABI urges extension of injury damages tariff beyond whiplash – Legal Futures
‘The fixed tariff for whiplash claims should be extended to other injuries to help reduce motor insurance premiums, the Association of British Insurers (ABI) argued yesterday.’
Legal Futures, 28th February 2024
Source: www.legalfutures.co.uk
