Archive for the 'insurance' Category

British Bankers’ Association v Financial Services Authority and another – WLR Daily

British Bankers’ Association v Financial Services Authority and another [2011] EWHC 999 (Admin); [2011] WLR (D) 144

“The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. Neither the language of section 404 itself nor its role as part of the overall regulatory framework could warrant the implication in it of a restriction on all other powers merely because the circumstances warranting the operation of a section 404 scheme were satisfied.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shadow justice minister attacks Jackson costs reforms – Law Society’s Gazette

“Shadow justice minister Andy Slaughter called on personal injury lawyers to get their clients involved in the fight to amend the government’s proposals on civil litigation costs.”

Full story

Law Society’s Gazette, 21st April 2011

Source: www.lawgazette.co.uk

UK banks lose payment protection insurance challenge – BBC News

“UK banks have lost a judicial review that could have a major impact on whether more compensation has to be paid on mis-sold loan insurance..”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fraudster Phillip Morris jailed after shooting himself – BBC News

“An insurance fraudster who shot himself in the chest as part of string of scams has been jailed for six-and-a-half years at Caernarfon Crown Court.”

Full story

BBC News, 11th March 2011

Source: www.bbc.co.uk

Sousa v Waltham Forest London Borough Council – WLR Daily

Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71

“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”

WLR Daily, 4th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres – WLR Daily

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C-236/09); [2011] WLR (D) 67

“Article 5(2) of Council Directive 2004/113/EC was invalid with effect from 21 December 2012 since it permitted European Union law and consequently member states’ laws, to derogate from the principle of equal treatment of men and women, guaranteed by articles 21 and 23 of the Charter of Fundamental Rights of the European Union, without temporal limitation.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Is European court gender insurance ruling completely bonkers? – The Guardian

“Legally speaking, the judgment from the European court of justice that prohibits use of gender in underwriting premiums is unsurprising.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Gender insurance ruling: case study – The Guardian

“Jade Sell is a young driver whose car insurance premium is set to rise as a result of today’s ECJ ruling on gender.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Men and women will pay the same for insurance from 2012 – OUT-LAW.com

“Insurance and pensions companies must be stopped from offering different prices and premiums to men and women from December 2012, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 1st March 2011

Source: www.out-law.com

Insurers set for sex discrimination ruling – BBC News

“Young women could face big increases in the cost of car insurance, if insurers are told that they have to stop quoting different prices for men and women.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Male pensioners could lose out in EU sex discrimination ruling – Daily Telegraph

“Male pensioners could lose around £340 a year if the European court backs gender equality rules for insurance companies this week, experts are predicting.”

Full story

Daily Telegraph, 27th February 2011

Source: www.telegraph.co.uk

Risk Management Partners Ltd v Brent London Borough Council and another – WLR Daily

Risk Management Partners Ltd v Brent London Borough Council and another [2011] UKSC 7; [ 2011] WLR (D) 42

“A group of local authorities who awarded insurance contracts to a mutual insurance company they had set up for that purpose, without putting the contracts out to competitive tender, had not been acting contrary to the Public Contracts Regulations 2006.”

WLR Daily, 10th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad – WLR Daily

“A provision in a marine cargo insurance policy excluding loss resulting from any inherent inability of the goods to withstand a voyage applied only where the goods had deteriorated, not because they had been subjected to some external fortuitous accident or casualty, but because of their natural behaviour in the ordinary course of the voyage.”
WLR Daily, 2nd February 2011
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jackson slams piecemeal civil litigation funding proposals – OUT-LAW.com

“Government proposals to modify Lord Jackson’s comprehensive package of civil litigation reforms would be a ‘disaster’, according to Lord Jackson.”

Full story

OUT-LAW.com, 2nd February 2011

Source: www.out-law.com

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

In re Digital Satellite Warranty Cover Ltd and others [2011] EWHC 122 (Ch); [2011] WLR (D) 28

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within para (b) of class 16 Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 1st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) – WLR Daily

Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) [2011] EWCA Civ 24; [2011] WLR (D) 23

“A cargo seized by pirates and subsequently recovered after being ransomed by the shipowner was not ‘irretrievably lost’ within the terms of section 57(1) of the Marine Insurance Act 1906, even though some might regard the payment of a ransom as morally objectionable and it was something the owner was not required to do.”

WLR Daily, 27th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Banks launch PPI challenge in high court – The Guardian

“High street banks will launch a high court challenge today against rules controlling their handling of complaints about payment protection insurance (PPI).”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

Insurance Contract Law – Law Commission

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 16th December 2010

Source: www.lawcom.gov.uk

Reforming insurance contract law – latest news – Law Commission

“We have published a summary of the responses to our Issues Paper 6 (Damages for Late Payment and the Insurer’s Duty of Good Faith).”

Full story

Law Commission, 18th November 2010

Source: www.lawcom.gov.uk

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others – WLR Daily

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others [2010] EWCA Civ 1096; [2010] WLR (D) 256

“In any year in which an employee underwent substantial exposure to asbestos and subsequently developed mesothelioma, the mesothelioma was ’caused’ by the exposure during that year. An insurance policy which was worded to indemnify the employer against disease ’caused’ during employment thus responded to the mesothelioma. However, employers’ liability policies framed in terms of the employee suffering or sustaining an injury did not have the same effect. Employees did not suffer or sustain an injury within the meaning of the policies when they were exposed to asbestos. Injury was not suffered until the onset of malignancy, and policies with that type of wording did not indemnify the employer. Mesothelioma might also be ‘contracted’ when exposure occurred.”

WLR Daily, 19th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Gard Marine and Energy Ltd v Tunnicliffe and others – WLR daily

Gard Marine and Energy Ltd v Tunnicliffe and others [2010] EWCA Civ 1052; [2010] WLR (D) 242

 “Where, by reference to the Lugano Convention and art 6(1) of the Judgments Regulation, one was considering whether it was expedient to hear and determine claims within the jurisdiction order to avoid the risk of irreconcilable judgments resulting from separate proceedings, regard was to be had, inter alia, to the question whether the claims arose out of the same situation in law and fact.”

WLR Daily, 7th October 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ruling fails to halt confusion for asbestos sufferers – The Independent

“Victims of asbestos and their families face more ‘confusion and uncertainty’ today after a Court of Appeal ruling.”

Full story

The Independent, 8th October 2010

Source: www.independent.co.uk

Asbestos victims await compensation ruling – The Independent

“Thousands of families bereaved by the asbestos cancer mesothelioma will discover this week whether insurance companies will compensate them for the deaths of their loved ones. The Court of Appeal will rule in a test case on Friday if insurers must pay out on company policies that existed when people were exposed to the deadly dust.”

Full story

The Independent, 3rd October 2010

Source: www.independent.co.uk

Three million in the queue for compensation over PPI mis-selling – The Guardian

“Nearly three million people who took out payment protection insurance (PPI) sold by banks and other lenders could be in line for compensation totalling more than £2bn after the Financial Services Authority today issued new rules on how firms should handle the flood of complaints over mis-selling.”

Full story

The Guardian, 10th August 2010

Source: www.guardian.co.uk

Quinn Direct Insurance Ltd v The Law Society of England and Wales – WLR Daily

“There was no reason to imply into the statutory scheme for the regulation of solicitors any provision or term entitling or obliging the Law Society to produce to a qualifying insurer documents emanating from a firm of solicitors into which it had intervened which were subject to the privilege of a client of the firm. If the client consented or his privilege was impliedly waived by a claim against the solicitor then there was no reason why the Law Society, as it had done, could not produce such documents to the qualifying insurer.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

What price should policyholders pay for fraudulent insurance claims? – Law Commission

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 9th July 2010

Source: www.lawcom.gov.uk

Government overhaul of financial regulation creates dangers, say experts – OUT-LAW.com

“Plans for the shake-up of financial services regulation announced by UK Chancellor George Osborne last night raise more questions than answers, according to banking and financial legal experts.”

Full story

OUT-LAW.com, 17th June 2010

Source: www.out-law.com

Insurers’ new code may add insult to personal injury lawyers – The Guardian

“Personal injury lawyers and insurers are not the greatest of friends. Lawyers often see insurers as obstructive and just trying to weasel out of paying. Insurers see lawyers as equally obstructive and just trying to squeeze as much money as they can for themselves out of the compensation process.”

Full story

The Guardian, 15th June 2010

Source: www.guardian.co.uk

What will the Legal Services Board do about referral fees? – Law Society’s Gazette

“Is the referral fee debate over? Two reports submitted recently to the Legal Services Board (LSB) would make one think that it is, even though the board itself has still to reach a final decision.”

Full story

Law Society’s Gazette, 14th June 2010

Source: www.lawgazette.co.uk

Race bias claim over insurance for minority ethnic lawyers – The Guardian

“Black and minority ethnic lawyers are being refused compulsory insurance in what they describe as blatant race discrimination in the legal profession.”

Full story

The Guardian, 6th June 2010

Source: www.guardian.co.uk

Competition Commission confirms ban on point-of-sale PPI – The Guardian

“Watchdog rejects appeal, saying ruling will bring more choice and cheaper rates to payment protection insurance market.”

Full story

The Guardian, 14th May 2010

Source: www.guardian.co.uk

Risk of lawyer uninsurability ahead of SRA reform – The Lawyer

“Lawyers could become an uninsurable risk if the Solicitors Regulation Authority (SRA) fails to reform the professional indemnity (PI) insurance regulations.”

Full story

The Lawyer, 10th May 2010

Source: www.thelawyer.com

Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 394; [2010] WLR (D) 97

“In calculating the liability to corporation tax of an insurer in respect of its basic life and general annuity business, the taxpayer was entitled to relief in respect of losses incurred in past years, including years prior to 2003, when the law had been amended to make specific reference to the right to carry losses forward in respect of that type of business.”

WLR Daily, 16th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Third Parties (Rights against Insurers) Act 2010

Third Parties (Rights against Insurers) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

English law on late payment of insurance claims is unfair, say Law Commissions – OUT-LAW.com

“Insurers who delay paying valid claims should be liable to policyholders for any foreseeable losses they cause, a new Law Commission paper suggested this week.”

Full story

OUT-LAW.com, 25th March 2010

Source: www.out-law.com

Insurance Contract Law – Law Commission

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 24th March 2010

Source: www.lawcom.gov.uk

Judge rejects ‘toxic sofa’ claims in burns injury cases – BBC News

“More than 300 people who suffered burns from a chemical used on Land of Leather sofas will not receive compensation, the High Court has ruled.”

Full story

BBC News, 18th March 2010

Source: www.bbc.co.uk

‘Dog tax’ proposal ditched a week after it was mooted – The Independent

“The Government has ditched proposals for a ‘dog tax’ that would force owners to insure against their pets attacking people barely a week after the idea was first floated.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

Contractual interest on damages does contribute to capped sum, rules High Court – OUT-LAW.com

“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.”

Full story

OUT-LAW.com, 4th March 2010

Source: www.out-law.com

Lord Justice Jackson’s recommendations should be implemented speedily – Law Society’s Gazette

“‘Access to Justice entails that those with meritorious claims (whether or not ultimately successful) are able to bring those claims before the courts for judicial resolution or post-issue settlement, as the case may be. It also entails that those with meritorious defences (whether or not ultimately successful) are able to put those defences before the courts for judicial resolution or alternatively, settlement based upon the merits of the case.’”

Full story

Law Society’s Gazette, 1st February 2010

Source: www.lawgazette.co.uk

Midwife who ‘randomly hacked’ at mother struck off – Daily Telegraph

“A mother whose home resembled a ‘murder scene’ after a midwife ‘randomly hacked’ at her with a pair of scissors has called for a change in the law to force independent midwives to take out insurance.”

Full story

Daily Telegraph, 28th January 2010

Source: www.telegraph.co.uk

Third Parties (Rights Against Insurers) Bill – Ministry of Justice

“This Bill implements Law Commission and Scottish Law Commission recommendations about the rights of a third party to claim directly against an insurer.”

Full press release

Ministry of Justice, 18th December 2009

Source: www.justice.gov.uk

Bill clears the way for third party claims against liability insurers – OUT-LAW.com

“A proposed new law will make it easier and cheaper for people to pursue their claims directly against insurers when the insured becomes insolvent.”

Full story

OUT-LAW.com, 30th November 2009

Source: www.out-law.com

Lost or missing insurance policies leave asbestos victims without compensation – The Independent

“Insurance companies were yesterday accused of profiteering from victims of the deadly asbestos cancer mesothelioma. Hundreds of victims of the disease are going without compensation because many of the insurance policies meant to protect workers allegedly have been lost.”

Full story

The Independent, 29th November 2009

Source: www.independent.co.uk

 

Insurance Contract Law – Law Commission

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 5th November 2009

Source: www.lawcom.gov.uk

 

Fraudster jailed for crash-for-cash scam – The Independent

“A fraudster who staged almost 100 car accidents and used the insurance payouts to fund a glamorous lifestyle was jailed yesterday.”

Full story

The Independent, 22nd October 2009

Source: www.independent.co.uk

Tribunal quashes point of sale PPI ban – OUT-LAW.com

“The Competition Commission must reconsider its ban on the sale of payment protection insurance (PPI) at the same time as a loan or credit, the Competition Appeal Tribunal has ruled. But the decision is not necessarily the end of the point of sale prohibition.”

Full story

OUT-LAW.com, 20th October 2009

Source: www.out-law.com

FSA launches new regime for PPI sales complaints – OUT-LAW.com

“Firms will have to review all the complaints about Payment Protection Insurance (PPI) mis-selling that they have rejected since 2005 under tough new proposals announced this week by the Financial Services Authority.”

Full story

OUT-LAW.com, 2nd October 2009

Source: www.out-law.com

Cyclist’s family awarded £580,000 – BBC News

“The family of a teacher killed while cycling home from his school in Greater Manchester has been awarded compensation of £580,000.”

Full story

BBC News, 28th July 2009

Source: www.bbc.co.uk

Seaga v Harper (No 2) – Times Law Reports

Seaga v Harper (No 2)

Privy Council

“After-the-event insurance premiums and success fees under conditional fee agreements entered into with English counsel and solicitors were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not permit conditional fee agreements or allow for a successful party’s expenditure on after-the-event premiums to be an allowable disbursement.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

Seaga v Harper (No 2) – WLR Daily

Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212

“Success fees under conditional fee agreements, and premiums paid on ‘after the event’ (‘ATE’) insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on ATE premiums to be an allowable disbursement.”

WLR Daily, 29th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Copley v Lawn; Maden v Haller – WLR Daily

Copley v Lawn; Maden v Haller [2009] EWCA Civ 580; [2009] WLR (D) 200

“Where, following a road accident caused by a defendant’s negligence, the defendant’s insurers offered to provide a ‘free’ replacement car to the claimant while his own car was being repaired, the claimant could reasonably reject or ignore the offer if it did not make clear the cost of hire to the defendant for the purpose of enabling the claimant to make a realistic comparison with the cost to him of making his own hire car arrangements. If a claimant did unreasonably reject or ignore the offer, he did not forfeit his damages claim altogether but was entitled to recover at least the cost which the defendant could show he would reasonably have incurred. The general rule that the claimant could recover the market rate of hire for his loss of use prevailed, unless, and to the extent that, the defendant could show that, on the facts of a particular case, a car could have been provided more cheaply than at the market rate.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

InsuranceWide.com Services Ltd v Commissioners of Revenue and Customs; Commissioners of Revenue and Customs v Trader Media Group Ltd – Times Law Reports

InsuranceWide.com Services Ltd v Commissioners of Revenue and Customs; Commissioners of Revenue and Customs v Trader Media Group Ltd

Chancery Division

“Companies offering introductory services to channel would-be customers to insurers by electronic means and who received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from value-added tax.”

Times Law Reports, 5th June 2009

Source: www.timesonline.co.uk

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd – WLR Daily

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd [2009] EWHC 999 (Ch); [2009] WLR (D) 156

“Companies which offered introductory services, in order to channel would-be customers to insurers by electronic means, and which received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from VAT provided for by Group 2 in Sch 9 to the Value Added Tax Act 1994, which implemented art 13B(a) of Council Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes.”

WLR Daily, 18th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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