Recent News
Real-time updates on the issues impacting your coverage. From landmark case decisions to firm announcements and media commentary, we keep policyholders informed on what is happening right now.
Browse our latest news, press releases, and firm updates below.
Ristorante Limited t/a Bar Massimo v Zurich¬ [2021]: – Food for thought about the questions in insurance applications
This recent High Court decision considers the proper construction of questions put to an insured in insurance applications, and the circumstances in which they can amount to waiver. Background Ristorante Limited (“Ristorante”) was the leaseholder of a bar and restaurant in Glasgow (“the Property”). Ristorante took out an insurance policy with Zurich in 2015, which […]
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Covid-19 BI Update: Denial of Access – Access Granted?
[vc_row][vc_column][vc_column_text uncode_shortcode_id=”191639″] “I doubt whether the Divisional Court could or would have taken the approach it did, had it had the benefit of the Supreme Court’s reasoning on causation.” Lord Mance The latest Covid-19 BI decision to arrive following the conclusion of the test case provides fresh hope for policyholders with denial of access clauses […]
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(De)sign of the Times: Blurred Lines on Build Performance Liabilities
Design requirements are at the heart of any construction contract, and the precise formulation of applicable standards is crucial to evaluation of risk. Recent trends indicate that designers in the UK construction industry are assuming increasing levels of liability on build performance, with significant implications for coverage under professional indemnity insurance. In Arbitration Appeal No […]
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Latest aggregation decision
In what will be a relief both to the victims of dishonest solicitor Linda Box (pictured, and christened by the press the “Gangsta Granny”) and to her innocent partners in the former firm of Dixon Coles & Gill, the Court of Appeal handed down judgment today (06.08.21) in this important decision for those involved with […]
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If your name’s not down…: no policy cover where developer incorrectly named
Sehayek and another v Amtrust Europe Ltd [2021] EWHC 495 (TCC) (5 March 2021) A failure to correctly name the developer on a certificate of insurance has entitled insurers to avoid liability under a new home warranty policy. The homeowner claimants had the benefit of insurance that covered them for the cost of remedying defects […]
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Covid-19 BI Update: The Curious Case of the Missing Declarations, and litigation round up.
It is now over five months since the Supreme Court handed down its largely policyholder-friendly judgment in the FCA Test Case, but for a majority of policyholders, the end is not yet in sight. The FCA’s latest figures, published on 14 June 2021, indicate that, of 46,854 claims reported to have been accepted by insurers, […]
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Fenchurch Law joins City law firms in commitment to levelling up on social mobility in the profession
A group of trailblazing City law firms including Fenchurch Law Ltd have published a pioneering action plan to boost social mobility and widen opportunities within the legal sector and launched a Levelling Up Law Coalition to deliver on the recommendations. Fenchurch Law and fourteen other City of London Law Society (CLLS) member firms have been […]
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Weathering the Hard Market: is your CAR Policy Watertight?
The increasing prevalence of water damage losses on construction projects, combined with hard market conditions, has led to a rise in disputes over insurance policy response for these types of events. Claims in consequence of cascading water from burst pipes or adverse weather conditions often give rise to disagreements over the occurrence and timing of […]
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All round protection for brokers: how protecting the underwriter can protect your client and protect you!
ABN Amro Bank N.V. -v- Royal & Sun Alliance Insurance plc and others [2021] EWHC 442 (Comm) (‘ABN Amro’) Our March 2021 article ‘Insurers bound by the small print? I should cocoa!’ briefly noted that the judgment in ABN Amro considered the scope of a broker’s duty to procure cover that meets the insured’s requirements […]
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