Category: insurance

Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog

Posted November 27th, 2018 in appeals, Commercial Court, construction industry, contracts, fire, insurance, news by tracey

‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’

Full Story

Practical Law: Construction Blog, 23rd November 2018

Source: constructionblog.practicallaw.com

Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog

Posted November 22nd, 2018 in appeals, civil procedure rules, fire, indemnities, insurance, news by tracey

‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’

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Practical Law: Construction Blog, 19th November 2018

Source: constructionblog.practicallaw.com

Top family solicitor opts for BSB entity regulation – Legal Futures

Posted November 5th, 2018 in barristers, indemnities, insurance, news, regulations, solicitors by sally

‘The former national head of family law at Simpson Millar has set up his own firm and chosen to be regulated by the Bar Standards Board (BSB).’

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Legal Futures, 5th November 2018

Source: www.legalfutures.co.uk

New Judgment: Dooneen Ltd (t/a McGinness Associates) & Anor v Mond [2018] UKSC 54 – UKSC Blog

Posted November 1st, 2018 in appeals, compensation, debts, insurance, news, Supreme Court, trustees in bankruptcy by sally

‘This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.’

Full Story

UKSC Blog, 31st October 2018

Source: ukscblog.com

Firm terminated retainer “without notice or good reason” – Litigation Futures

Posted October 31st, 2018 in fees, indemnities, insurance, law firms, news, notification, winding up by sally

‘A law firm’s decision to terminate its retainer without notice to the client – because it was closing down – was unreasonable and it could not claim the fees due before then, the High Court has ruled.’

Full Story

Litigation Futures, 31st October 2018

Source: www.litigationfutures.com

Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures

Posted October 23rd, 2018 in accidents, costs, disclosure, documents, insurance, limitations, news, pre-action conduct, road traffic by sally

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’

Full Story

Litigation Futures, 22nd October 2018

Source: www.litigationfutures.com

High Court: secondary sanctions no grounds to avoid insurance policy – OUT-LAW.com

Posted October 22nd, 2018 in exclusion clauses, insurance, news, sanctions, shipping law by sally

‘An insurer could not rely on a sanctions-related exclusion clause to resist paying out on a marine insurance policy in the context of the impending reinstatement of US secondary sanctions against Iran, the High Court has ruled.’

Full Story

OUT-LAW.com, 22nd October 2018

Source: www.out-law.com

MIB ordered to pay out for injury suffered on private land – Litigation Futures

Posted October 5th, 2018 in brexit, compensation, EC law, insurance, Motor Insurers’ Bureau, news, personal injuries by tracey

‘The Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land, the High Court has ruled.’

Full Story

Litigation Futures, 4th October 2018

Source: www.litigationfutures.com

Consumer loyalty ‘rip off’ faces probe – BBC News

Posted September 28th, 2018 in competition, consumer protection, insurance, mortgages, news, telecommunications by tracey

‘The accusation that loyal customers are being “ripped off” for mobile, broadband, savings, home insurance and mortgage deals is to be investigated by the competition body.’

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BBC News, 28th September 2018

Source: www.bbc.co.uk

Woman pretended daughter was injured in Manchester attack for insurance claim – The Independent

Posted September 20th, 2018 in fraud, insurance, news, personal injuries, proceeds of crime, sentencing by tracey

‘A woman who pretended her fake daughter was injured in the Manchester attack to make an insurance claim has been jailed for fraud. Susan Pain, who worked in insurance herself, posed as a dentist and said her daughter “Sophie” had sustained serious injuries needing two operations following the bombing that left 22 people dead last year. But AXA could not trace a victim under the name given in the £2,500 claim for loss of earnings, and alerted the police after uncovering years of false claims by Pain.’

Full Story

The Independent, 19th September 2018

Source: www.independent.co.uk

Civil Procedure Discontinuance, QOCA and Fundamental Dishonesty – Zenith PI Blog

Posted September 19th, 2018 in civil procedure rules, costs, fraud, insurance, news by sally

‘The claimant discontinued a claim. The defendants alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendants could enforce their entitlement to costs.’

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Zenith PI Blog, 18th September 2018

Source: zenithpi.wordpress.com

Shadow justice secretary hits out at Civil Liability Bill – Legal Futures

Posted September 4th, 2018 in bills, civil justice, fraud, insurance, news, personal injuries by sally

‘The shadow justice secretary has ripped into the Civil Liability Bill, saying Labour will vote against it as it stands.’

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Legal Futures, 4th September 2018

Source: www.legalfutures.co.uk

Temperature starts to rise ahead of Civil Liability Bill debate – Legal Futures

Posted August 30th, 2018 in bills, claims management, insurance, news, personal injuries, small claims by sally

‘The rhetoric is heating up ahead of the second reading of the Civil Liability Bill in the House of Commons next week, with the Motor Accident Solicitors Society (MASS) and Association of British Insurers (ABI) both speaking out yesterday.’

Full Story

Legal Futures, 30th August 2018

Source: www.legalfutures.co.uk

High Court gives whiplash contempt proceedings green light – Litigation Futures

Posted August 14th, 2018 in contempt of court, fraud, insurance, news, personal injuries by sally

‘A High Court judge has allowed a bus company’s application for committal proceedings to go ahead against two dishonest former claimants who said they had serious whiplash injuries from a minor traffic collision, when CCTV showed otherwise.’

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Litigation Futures, 13th August 2018

Source: www.litigationfutures.com

Passing off – The Military Mutual Ltd v Police Mutual Assurance Society Ltd – NIPC Law

Posted August 13th, 2018 in advertising, insurance, intellectual property, misrepresentation, news, trade names by sally

‘The claimant arranges insurance and mortgages for past and present members of the armed forces. On the “About Us” page of its website, it describers itself as “a Mutual set up to provide fair, financial services such as Home, Landlord, Military Kit and Business cover to those who are serving, veterans, families and supporters of our armed forces.” Note the use of the big letter “M” in mutual, That is a big part of the company’s ethos. It says that its “manifesto is very simple: always do the right thing for our Members.” The company has no shareholders or employees and is led in the main by retired senior officers who describe themselves as “customers and Members”. Anybody who acquires a policy or mortgage through the claimant company can become a member. Its business, however, is managed by Regis Mutual Management Limited.’

Full Story

NIPC Law, 10th August 2018

Source: nipclaw.blogspot.com

“Off-Plan” Investment Schemes: Equitable Compensation – Hardwicke Chambers

Posted August 9th, 2018 in breach of trust, client accounts, compensation, equity, indemnities, insolvency, insurance, news, solicitors, Solicitors Regulation Authority by sally

‘The SRA has issued warning notices[1] to solicitors regarding whether they should act and how they should act towards their clients in relation to purported transactions concerning investment schemes. However, for many the warning will have come too late since many investors have previously parted with deposits (in some cases amounting to the client’s life savings) in return for worthless insurance bonds and unsecured interests in land or property which are also found to be worthless when the developer defaults on the development and becomes insolvent.’

Full Story

Hardwicke Chambers, 12th July 2018

Source: www.hardwicke.co.uk

Vehicle-related terrorism claims ‘mutualised’ by UK motor insurers – OUT-LAW.com

Posted July 27th, 2018 in insurance, news, road traffic, terrorism, third parties by sally

‘Motor insurers in the UK are to share the costs involved in meeting third party claims raised by victims of terrorist attacks involving vehicles.’

Full Story

OUT-LAW.com, 26th July 2018

Source: www.out-law.com

Insurer demands ‘more backing’ to battle dishonest claims – Law Society’s Gazette

Posted July 9th, 2018 in insurance, news, personal injuries by sally

‘A leading insurer has called for extra support from the judicial process if defendants are effectively to contest spurious personal injury claims.’

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Law Society's Gazette, 7th July 2018

Source: www.lawgazette.co.uk

Indemnity insurance reforms not worth the risk, cautions ABI – Legal Futures

Posted June 25th, 2018 in indemnities, insurance, news, solicitors by sally

‘The Solicitors Regulation Authority (SRA) is wrong to assume that premiums will fall as a result of its professional indemnity insurance (PII) reforms, the Association of British Insurers (ABI) has warned.’

Full Story

Legal Futures, 25th June 2018

Source: www.legalfutures.co.uk

Updating the law of insurable interest – Law Commission

Posted June 22nd, 2018 in insurance, Law Commission, press releases by tracey

‘The Law Commission and the Scottish Law Commission have today published updated draft legislation intended to pull the law of insurable interest into the 21st century.’

Full press release

Law Commission, 20th June 2018

Source: www.lawcom.gov.uk/