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Legal update

23 June 2022 Court of Appeal confirms exclusive English jurisdiction clause in excess liability policies in Canadian pipeline dispute

On 10 June 2022 the Court of Appeal upheld an anti-suit injunction granted in favour of insurers by Mr Justice Jacobs in September 2021 restraining proceedings from being brought in Canada and enforcing the exclusive English jurisdiction clause in excess liability policies.

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Legal update

27 March 2020 Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

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Legal update

15 June 2018 Legal representation clause survives terminated settlement agreement

The Commercial Court has held that a clause in a settlement agreement which required service of proceedings on specified solicitors survived termination of the settlement agreement because it was an ancillary or collateral part of the agreement.

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Legal update

22 May 2018 Supreme Court rejects War Risks cover for detained vessel

Navigators Insurance Company Limited and Others v Atlasnavios-Navegacao LDA (formerly Bnavios-Navegacao LDA) (‘The B Atlantic’) [2018] UKSC 26

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Legal update

15 May 2018 Commercial Court rejects All Risks marine cover for phantom cargo

In April, the Commercial Court handed down its decision which considered whether an All Risks marine cargo insurance policy could cover economic loss resulting from fraudulent documents for a non-existent cargo.

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Legal update

1 May 2018 Court of Appeal rules on test for apparent bias and an arbitrator’s duty of disclosure

A recent Court of Appeal judgment considered the test for challenging the appointment of an arbitrator on the grounds of bias and in particular the extent of an arbitrator’s duty of disclosure to the parties as to his appointment in multiple related arbitrations.

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Legal update

3 April 2018 Broker liable in damages for failure to ask the right questions and advise appropriately

In the recent case of Pakeezah Meat Supplies Ltd v Total Insurance Solutions Ltd (2018), the Commercial Court held that damages were recoverable from an insurance broker where they had failed to advise the claimant appropriately.

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Legal update

21 March 2018 Court of Appeal considers appointment of arbitrators and the meaning of “not less than ten years’ experience in insurance or reinsurance”

(1) Allianz Insurance Plc (formerly Cornhill Insurance Plc) & (2) Sirius International Insurance Corporation (Publ) (London Branch) v Tonicstar Limited (on its own behalf and behalf of the other corporate members of Lloyd’s Syndicates 62, 1861 and 2255).

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Legal update

10 January 2018 Commercial Court allows reinsurance claim without evidence of policy document

In October 2017 we reported on this matter in which, at that time, the claimants had applied six weeks before trial for a late amendment to their particulars of claim.

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Legal update

9 November 2017 Appointment of arbitrators - meaning of "not less than ten years’ experience in insurance or reinsurance"

Tonicstar Limited (on its own behalf and on behalf of the other corporate members of Lloyd's Syndicates 62, 1861 and 2255) v (1) Allianz Insurance PLC (formerly Cornhill Insurance Plc) & (2) Sirius International Insurance Corporation (Publ) (London Branch)

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