The Scottish Supreme Court dismissed a case where there was an existing disease at the time of an accident, which resulted in death. Walter McCann, who was 70 years old, suffered a road traffic accident on 26 June 2006 in which he sustained serious injuries, including a fracture of the sternum, multiple rib fractures and pulmonary contusions. His conditions deteriorated as a result of those injuries. As a result of his serious medical condition he was vulnerable to developing pneumonia from ches ...
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Abbey Brokers Ltd was a company carrying on business as a mortgage and insurance broker. Mr Silva, the director of the company, had taken funds from a loan obtained by a client and used them to discharge his own debts. The court held that the company was liable to their clients for breach of contract and breach of fiduciary duty. Mr Silva was liable for deceit and dishonest assistance.
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Claims were made on a New Orleans hotel’s business interruption policy following Hurricanes Katrina and Rita in which the hotel was damaged. Following the hurricanes, parts of New Orleans were evacuated and the city was closed and so for that period of time the hotel would have been effectively closed irrespective of damage to the hotel. The policy provided cover for business interruption loss caused by physical damage. The question arose as to whether the arbitration tribunal had been correct i ...
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The Court of Appeal considered two conflicting decisions in respect of the potential recovery by insurers under section 151 (8) of the Road Traffic Act 1988 of sums paid in respect of personal injuries compensation to its insured under s. 151 (4) of the Road Traffic Act 1988 where the insured permitted his vehicle to be driven by an uninsured driver. The Court of Appeal referred the question of the compatibility and possible amendment or reinterpretation of section 151 (8) to the Court of Justic ...
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Although insurers failed to persuade the court that the fire was started by the assured’s own acts his attempts to exaggerate his claim by placing additional items in the premises following the fire meant that his whole claim was dismissed.
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This case concerned two appeals regarding the exemption from VAT for the provision of services by an insurance broker or an insurance agent of the services of an insurance intermediary (the insurance intermediary exemption). In each appeal, the two companies (InsuranceWide.com Services Ltd and Trader Media Group Ltd) claimed the exemption by virtue of the facility which they provided through their respective websites for the public to have access to an insurer or an insurance broker or insurance ...
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In considering whether arbitrators had correctly applied the law, the Court will not construe the words of the Arbitrators as if they were a statute and infelicitous paraphrasing of the correct legal test will not impugn the award where it is clear that the correct approach has been applied.
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A fire destroyed a property between the exchange of contracts for sale and completion. The contract for sale provided that the risk of damage to or destruction of the property passed to the purchasers upon exchange. Shortly before exchange the purchasers had taken out buildings insurance with the NFUM in respect of the property although the vendors’ buildings insurance provided cover to anyone purchasing the property until the earlier of the date of completion or termination of the policy period ...
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There was insufficient evidence to show that the first defendant had an insurance policy in place to cover the first defendant’s liability for the claimant’s industrial injury. While the Department of Work and Pensions has recently issued a consultation paper to consider among other things the establishment of an Employers Liability Insurance Bureau, pending the introduction of such a scheme the safety net which the Employers’ Liability (Compulsory Insurance) Act 1969 was intended to provide has ...
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A control of claims clause in a product liability contract applied to both claims made against the assured and claims for contribution made by the assured. Where the assured had entered in to an enforceable settlement agreement with a third party for contribution to the assured’s third party liability then the assured could not recover under the policy. There was no need for an implied term on the facts of the case. Had there been the court would have held that there was an implied duty on the a ...
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