This interesting judgment dealt with a bomb which was dropped by hostile German forces in Exeter in 1942. The bomb did not explode and lay undiscovered until 2021 when it was unearthed during building works. Bomb disposal experts were called in. They decided that the bomb could not safely be diffused nor moved and detonated … Continue reading
The claimant, a mother of a child with haemophilia and autism, had, prior to her pregnancy, consulted with her GP to determine whether she carried the gene for haemophilia. The doctor negligently led her to believe that she did not carry this gene, and as a result, she was led to believe that she could … Continue reading
In this October 2022 UK high court judgment, the court, in considering the meaning of the words “in connection with” in an aggregation clause, said that they denote that only a relatively loose link is required. A wide range of losses might potentially fall to be aggregated as being at least “connected with” an occurrence. … Continue reading
In these October 2022 judgments (judgment 1 and judgment 2), the court held that government furlough payments were to be deducted from loss calculations as savings. The insured’s argument that the payments were simply a reimbursement of employment costs was rejected. The courts had regard to the basic rules of a contract of indemnity and … Continue reading
In this October 2022 judgment, the English high court found that the cover for Additional Increased Cost of Working (AICW) was limited to those costs incurred by the insured that were not “economic” Increased Cost of Working (ICW). The costs are economic if the increased costs and expenses have the effect of diminishing or avoiding … Continue reading
South African readers will be interested to hear that, according to a recent article in Insurance Day,severe delays at the UK Financial Conduct Authority in approving senior hires are causing strife and harming competitiveness. System errors are allegedly also leading to threats of fines that are unwarranted and later withdrawn. Part of the problem is … Continue reading
Insurable Interest (England) In this High Court of Justice decision the insured claimed under a marine cargo open policy. The insured had purchased cargos of grain under various contracts and paid for those against presentation by the sellers of warehouse receipts issued by the warehouses. The warehouses were however acting fraudulently in issuing multiple warehouse receipts … Continue reading
In this recent judgement, the UK High Court dealt with a dispute relating to the policy’s denial of access non-damage clause which provided cover for loss “resulting from interruption or interference with the business where access to or premises is restricted or hindered for more than the franchised period shown in your schedule arising directly … Continue reading
In this judgment, Berkshire Assets (West London) Limited v AXA Insurance Plc [2021] EWHC 2689 (Comm) the insured sought to recover an indemnity pursuant to a Contractors’ All Risks and Business Interruption policy. The insured denied liability and avoided the policy alleging that the insured failed to disclose the admitted fact that one of its directors … Continue reading
In this judgement, the English high court decided that the insurer was entitled to avoid an employer’s liability insurance policy on grounds of material non-disclosure and misrepresentation. The insurers had shown that the facts misrepresented or not disclosed would have influenced the mind of a reasonably prudent underwriter in exercising their underwriting judgment as to … Continue reading
This UK court of appeal judgment Lord Bishop of Leeds v Dixon Coles & Gill [2021] EWCA Civ 1211 considered whether claims arising from one series of related acts or omissions could be aggregated. The insured, an attorney’s practice, held a professional indemnity policy with a limit of indemnity for one claim of £2 million. The … Continue reading
The UK court of appeal refused to avoid a mobile plant policy plus extension on the grounds of non-disclosure of risk-related information because the lower premium was the result of the insurer’s underwriting practices and their own mistake not of the non-disclosure. The insured was in the business of waste collection and waste recycling and … Continue reading
A UK admiralty court held that 12 hours’ notice of a change of tariff for berthing charges and other services in a port for a vessel that had been delayed by the Covid-19 pandemic was not reasonable notice. The regulation required “reasonable prior notice”. The requirement of reasonable prior notice was not complied with because … Continue reading
The Financial Conduct Authority in the UK has published an interim report of its market study into pricing of home and motor insurance. The FCA found that: Insurers often sell policies at a discount to new customers and increase premiums where customers renew, targeting increases at those less likely to switch. Longstanding customers pay more … Continue reading
The UK has published the Automated and Electric Vehicles Bill. If an accident is caused by an automated vehicle when driving itself whilst insured at the time it causes anyone to suffer damages, then the insurer is liable for that damage caused to anyone. If the vehicle is not insured the owner of the vehicle … Continue reading