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Insurance Disputes

The Correct Approach to Causation in Broker Negligence Claims

The case of Dalamd Limited v Butterworth Spengler Commercial Limited [2018] EWHC 2558 (Comm) deals with the sadly not uncommon scenario where an insurer declines cover under a policy and the insured, almost inevitably, looks for someone to blame. Often the spotlight falls on the insurance broker either with regard to the placing of the risk or the handling of the claims process. 

Anti-oral variation clauses are in fact worth the paper they’re written on….

In 2016 the Court of Appeal ruled that written contracts could be varied orally notwithstanding a clause that expressly prevents or restricts it (an ‘anti-oral variation clause’). However, earlier this year the issue came before the Supreme Court and the decision was overturned.

Unhappy with your litigation solicitor? Factors to consider when choosing your new dispute resolution lawyer and transferring your case.

At Loney Stewart Holland our specialism in bringing and defending solicitor professional negligence cases has given us substantial first-hand experience of the practical issues arising from a breakdown in the solicitor client relationship. 

Do I Have to Mediate?

If you are involved in litigation, you may well have been advised to consider attempting to resolve the dispute by mediation. The Court rules require parties to consider alternative dispute resolution, such as mediation, and indeed solicitors have a duty to advise their clients about it.

Solicitors Professional Indemnity Insurance: How Many Limits of Indemnity?

AIG Europe Limited v Woodman & Others [2017] UKSC 18

The Supreme Court has today finally put to bed the long running AIG solicitors' insurance claims aggregation saga. Market wisdom has broadly prevailed on the principles and the confusing qualifications introduced by the High Court and Court of Appeal have gone. However the Court did decide that insurers will only be partially successful on the agreed facts in that separate limits of indemnity were available for each of the two developments, which demonstrates once again how fact sensitive liability cap issues are.

We have vast experience in implementing strategies for insurers and insureds facing multiple claims and are always available for an informal initial discussion.  Please contact Richard Loney if you would like to know more.

https://www.supremecourt.uk/cases/docs/uksc-2016-0100-judgment.pdf

 

Versloot & Collateral Lies: 3 months on....

In Versloot Dredging BV & anor v HDI Gerling Industrie Versicherung AG & ors [2016] UKSC 45 the Supreme Court considered whether the use of ‘fraudulent devices’ (or ‘collateral lies’ to use the Court’s preferred terminology) should operate to forfeit an otherwise perfectly legitimate claim under an insurance policy.  The Supreme Court found by majority (Lord Mance dissenting) that it should not.

Third Parties (Rights Against Insurers) Act 2010 in force – Claimants finally given powerful new rights when seeking recovery from insolvent policyholders’ liability insurers

 

The long delayed Third Parties (Rights Against Insurers) Act 2010 came into force from the beginning of August 2016 with the intention of making it quicker, easier and more certain for Claimants seeking recovery from the liability insurers of insolvent policyholders who have caused them loss.

Insurance Act 2015: Remedies for Non-Disclosure

The Insurance Act 2015 heralds the long-awaited reform of insurance contract law.  It represents a number of significant changes to the rights and remedies of insurers and policyholders and impact on the role and duties of commercial brokers.  In this article we consider changes to the remedies available to insurers in circumstances where it contends that the insured has breached its duty of fair presentation.