Insurance Case Law in the UK
Below are recent insurance law cases from our CaseCheck archive, including information on insurance laws in the UK and risk management. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
FSA v AXA Insurance UK 29/2/12  -  On 29 February 2012 the FSA published undertakings given by AXA Insurance UK plc under the Unfair Terms in Consumer Contracts Regulations 1999 in relation to terms in its home insurance policy (2011 edition) and home insurance policy booklet (January 2009 edition). The terms related to the provision... more...
British Waterways v Royal & Sun Alliance plc (Comm) 7/3/12  -  On 1 December 2004, two men died when the tractor they were reversing along a towpath toppled into the river. The two men, father and son, were independent contractors in business as Mark Wells Fencing, supplying their services to the Claimant, a public corporation. The Claimant pleaded guilty at Swindon... more...
Lloyd's introduction of guidance on insurance broker remuneration 1/3/12  -  On 1 March 2012 additional Lloyd's requirements for Managing Agents published in Market Bulletin Y4567 came into effect in respect of distribution costs, broker remuneration and additional charges. As well as the obligations under the Bribery Act, each managing agent must report to the Performance Management... more...
Godiva Mortgage Limited v Travelers Insurance 13/12/11  -  Professional indemnity insurers are seeking to cap cover by aggregating claims made in respect of one partner's activities as 'one claim' and refusing to pay sums exceeding the £2 million limit per claim. The High Court has granted permission to the Law Society of England and Wales and the Solicitors... more...
Standard Life Assurance Ltd v ACE European Ltd & Ors (Comm) 1/2/12  -  Following the collapse of Lehman Brothers the fund operated by the bank suffered a 4.8% fall prompting multiple complaints by customers and IFAs as the fund was marketed as a temporary home for short term funds. The bank considered that about 64% of customers by value had valid complaints. Rather than... more...
International Energy Group Limited v Zurich Insurance PLC UK (Comm) 24/1/12  -  The effect of Barker v Corus UK Ltd was to create a tortious liability for an increase in the risk of contracting mesothelioma. This liability was a several liability. While the Compensation Act 2006 altered this to a joint liability with others responsible for exposures to asbestos (as the position... more...
Sealion Shipping & Anr v Valiant Insurance Co (Comm) 20/1/12  -  Marine insurers refused indemnity on the basis of non-disclosure of previous problems with a vessel's motor. In 2004 the vessel's starboard motor had failed due to a loose stator. It was replaced. The old motor was repaired and kept in storage. The vessel was off-hire for 10 days. In 2005 vibrations... more...
Sulamerica v Enesa Engenharia SA & Ors (Comm) 19/1/12  -  An all-risks insurance policy for the construction of an hydro-electric facility provided that the law of the contract was Brazilian law with an arbitration clause with its seat in England. Arbitration proceedings were commenced by insurers in England. Court proceedings were instituted in Brazil by the... more...
In Re: Sean Quinn 10/1/12  -  The bankruptcy of Sean Quin, the founder of Quinn Insurance was annulled on the basis that he had failed to disclose that he held an Irish passport and was a registered voter in the Republic of Ireland where he paid 20% of his taxes. This will permit his creditors to pursue him for debts alleged to be... more...
Delaney v Pickett and Tradewise Insurance Services (CA) 21/12/11  -  A car passenger could not claim under the Motor Insurers' Bureau Agreement after he had been injured while in possession of cannabis with an intent to supply, as the vehicle was being used in the course or furtherance of a crime within cl. 6 (1) (e) (iii) of the Agreement and "crime" was not restricted... more...
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