Recent News

Better late than never: the first reported case on damages for late payment

Quadra Commodities S.A v XL Insurance Co SE and Others Ever since the Enterprise Act 2016 ushered in the ability of insureds to claim damages against their insurers for the late payment of insurance claims, the sector has been waiting to see how this legislation would play out in practice, and in particular what would […]
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Recent developments in the W&I sector: Q&A with Howden M&A’s Head of Claims, Anna Robinson

Hot on the heels of the release by Howden of its annual M&A Insurance Claims Report we caught up with their Head of Claims, Anna Robinson, to find out about trends across the sector in 2020/2021 and her predictions for 2022. A copy of the full report can be accessed here. Q: Despite the turmoil […]
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Even a Solicitors’ PI policy has its limits – Doorway Capital Limited v AIG

In this recent decision, the High Court considered whether a liability incurred by a solicitor under a factoring agreement was covered by its professional indemnity policy. Background In 2016, Doorway Capital Limited (“Doorway”) entered into a Receivable Funding Agreement (“the Agreement”) with Seth Lovis & Co Solicitors Ltd (“the Solicitors”). The relevant terms of the […]
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Covid-19 BI Update: Access Granted to Corbin & King and Deduction of Furlough from Claims

“… the decision of the Supreme Court has moved the goalposts and the argument which has emerged is materially different.” Mrs Justice Cockerill, Corbin & King v Axa [2022] EWHC 409 (Comm) Two further policyholder-friendly judgments last week continued the trend of extending the scope of coverage available for Covid-19 BI losses under non-damage extensions. […]
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Original cause? It’s all the same: Spire Healthcare Ltd v RSA

Background Spire Healthcare Limited (“Spire”) operated two private hospitals at which Mr Paterson, a consultant breast surgeon employed by the Heart of England NHS Foundation Trust (“HEFT“), carried out unnecessary and inadequate procedures from around 1993 to 2011. Mr Paterson had been performing sub-total mastectomies (“STMs“) which involved leaving some breast tissue behind – a […]
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Fenchurch Law launches new Reinsurance and International Risks practice

Fenchurch Law, the leading UK legal firm working exclusively for policyholders and brokers on insurance coverage disputes, has launched a new practice group focused on Reinsurance & International Risks. The new group will focus on representing non-UK policyholders in complex and high value insurance disputes under policies placed either directly into the London Market, or […]
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Short and sweet: insurers liable for bank’s cocoa product losses

ABN Amro Bank N.V. -v- Royal & Sun Alliance Insurance plc and others [2021] EWCA Civ 1789 The Court of Appeal has given insurers short shrift in their appeal against the finding of the Commercial Court that they were liable to the claimant bank, ABN Amro for losses it incurred following the collapse of two […]
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No Time To Be Without Cover

This short article considers a handful of the possible insurance claims that arise in the latest James Bond outing, No Time to Die, as well as paying homage to Daniel Craig’s brilliant 5-film stint as 007. Warning: this article contains major spoilers. So, to all those who are yet to see the film, read no […]
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Guilty as charged? Berkshire Assets (West London) Ltd v AXA Insurance UK PLC

In one of the first cases to be decided under the Insurance Act 2015 (“the Act”), the High Court was asked to consider whether an insured breached its duty of fair presentation under the Act by failing to disclose criminal charges against one of its directors. Background In 2018, Berkshire Assets (West London) Limited (“Berkshire”), […]
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