This recent decision by the Commercial Court illustrates several key principles underpinning the duty of fair presentation under the Insurance Act 2015 (“the IA 2015”). In particular, it considers the concepts of knowledge, materiality, waiver, presumed knowledge and inducement, and demonstrates the courts’ continued willingness to scrutinise the information disclosed to insurers. Background Cometsambre, a […]

Allegations of “betterment” arise frequently in property claims, particularly where roofs, façades, cladding or other structural elements are ageing or incapable of repair on a strict like-for-like basis. Insurers often contend that replacement will leave the policyholder better off than before the loss, and that a deduction is therefore justified. That contention is not always […]

In our experience, aggregation clauses are among the most heavily contested provisions in cargo and logistics insurance. They govern whether multiple losses are treated as a single claim for the purposes of applying limits, deductibles, and sub-limits, often making the difference between meaningful recovery and severe underinsurance. While insurers frequently assert aggregation where there is […]

Introduction A recent decision of the Supreme Court of Victoria poses an important question for the construction sector in particular: where statutory and/or strict liability regimes which concern actions taken by directors or officers are not covered by professional indemnity (“PI”) insurance, is directors’ and officers’ (“D&O”) insurance able to plug any gap in cover? […]

1. Introduction As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic […]

The Insurance Act 2015 (“the IA 2015”) was introduced to level the playing field for insurers and policyholders, and to move away from outcomes that were perceived as outmoded. As the IA 2015 approaches its 10-year anniversary, this article will examine whether it has achieved those objectives – with particular focus on property damage claims […]

Despite having been introduced almost nine years ago, the impact of section 13A remains to be seen. In this article, we consider whether it has achieved its purpose of levelling the playing field for policyholders, or whether it has fallen short of the reform that was originally promised. A (brief) history Section 13A of the […]