The insured under an umbrella insurance policy faced with numerous asbestos-related injury lawsuits failed to persuade a Texas court that the insurer had a duty to defend the claims. The insurer was obliged to defend claims “not covered” by the underlying policy. The insured unsuccessfully contended that “not covered” included “no longer covered”, which was

On 21 September 2023 the Superior Court of Canada held a reinsurer bound under a retrocession agreement to a follow the settlements clause. The fronting reinsurer paid the lead insurer the full amount of a $140 million settlement and sought to recover the retrocessionaire’s share. The retrocessionaire said it was not bound by the follow

In this UK case, previously discussed HERE, the reinsurances provided cover “in respect of Property Damage only as a result of Direct Physical loss of or damage to the interest insured”.

The insuring clause indemnified the reinsured against “physical loss or physical damage to buildings and contents” and the Occurrence definition referred to the

This judgment dealt with a disputed indemnity claimed by the insured in respect of the loss of its warehouse. The warehouse was lost as a result of seizure by the Taliban when US forces withdrew from Afghanistan in 2021. By reason of the seizure the insured lost possession and control of the warehouse.

The question

Co-authored by Ngarothe Netshipale

The Supreme Court of Appeal upheld an eviction order against a lessee who argued that the lessor had repudiated the lease agreement and had no right to unilaterally cancel it.  The court found no repudiation and confirmed that the lessor could rely on a termination clause within the agreement.  The court

Co-authored by Jos Fogle – Candidate Attorney

On 4 June 2024, the Supreme Court of Appeal held that a settlement agreement between a beneficiary and a guarantor does not give the principal debtor the right to challenge the guarantor’s payment to the beneficiary.

Construction work was subcontracted to a contractor by the beneficiary. The contractor

In this Covid-19 business interruption judgment [SCA judgment in AIG v 43 Air School and others], the Supreme Court of Appeal maintained its broad interpretation of the insured peril of an infectious disease extension, despite the contrary interpretation adopted by the UK Supreme Court.

The court ruled that the policy provided cover

In May 2024 a Minnesota US appeal court held that a manufacturer’s warranty for a tractor to “repair or replace any part which is found to be defective in workmanship and material” unambiguously did not include design defects. The warranty excluded liability for any other warranty “express or implied as to quality, performance or freedom