On 05 June 2024, the high court dealt with the perfection of a special and general notarial bond over moveable assets. The question whether the notarial bond was enforceable turned on whether an event leading to its executability had come to pass. A creditor can ‘perfect’ an executable general notarial bond by taking possession of

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