Insurance & Reinsurance

Now in its second edition, Causation in Insurance Contract Law scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law.

Thoroughly revised and updated throughout it also provides new chapters on Causation and Interpretation and Causation and machinery for qualifying losses to provide a deeper and more thorough analysis, comparing academic approaches and juridical approaches to addressing causation issues in insurance claims.

Written by Meixian Song, editor of Lloyd's Shipping and Trade Law

Providing in-depth analysis of deferred prosecution agreements (DPAs) and their impact on company directors. This book also considers the impact of DPAs and arising exposures on directors’ and officers’ (D&O) liability insurance.

Written by Natalie Turney, Lecturer in Law, University of Buckingham

Access the book here

Service Issue 34 (September 2024) of Insurance Broking Practice and the Law includes commentary on:

• Infinity Reliance Ltd (t/a MY 1st Years) v Heath Crawford Ltd [2023] EWHC 3022 (Comm), in which Paul Stanley KC (sitting as a Judge of the High Court) restated the duties owed by a broker.
• Mulsanne Insurance Co Ltd v Marshmallow Financial Services Ltd [2022] EWHC 276 (Ch), in which it was held that “[t]he word ‘renewing’ might, by itself connote a renewal with the same underwriter, but it is also capable of referring to a policy which is being replaced with one placed by the same intermediary.”
• Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590; [2022] Lloyd’s Rep IR 56, in which the Court of Appeal held that a non-disclosure was not an “efficient cause” of the insurer’s agreement to less onerous terms, and accordingly the insurer failed to establish that they had been induced by the non-disclosure to renew the policy.
• ABN Amro Bank NV v RSA Insurance plc [2021] EWCA Civ 1789; [2022] Lloyd’s Rep IR 201, in which brokers represented to the following underwriters that the renewed policy would be “as expiry”. The Court of Appeal held that this was a non-fraudulent misrepresentation. However, following underwriters could neither avoid the new policy, nor argue that the insured was estoppel from relying on the new insuring clause, because of the non-avoidance clause which precluded them from rejecting claims on the grounds of non-fraudulent misrepresentation.
• Apex Resources Ltd v Macdougall [2021] CSOH 40 and how it was distinguished from Quilter Private Client Advisers Ltd v Falconer [2020] EWHC 3294 (QB).
• The enforceability of “cascading clauses” and Jump Trading International v Couture [2023] EWHC 1305 (KB).

Service Issue 45 (August 2024) of Professional Negligence and Liability includes updates to the following chapters:

Chapter 3 Limitation

Chapter 7 Architects, Engineers and Quantity Surveyors

Chapter 8 Surveyors, Valuers and Estate Agents

Chapter 9 Solicitors

Chapter 13 Accountants and Auditors

Chapter 14 Clinical Practitioners

Chapter 15 Barristers

Chapter 20 Insolvency Practitioners

Chapter 24 Expert Witnesses

Chapter 26 Fund Managers 

Professional Negligence and Liability, edited by Mark Simpson KC, with contributions from over 50 experts, contains chapters on professions including Bankers, Architects, Surveyors, Solicitors, Financial Advisers, Accountants, Clinical Practitioners, Public Authorities and Barristers.

Service Issue 59 can be accessed here. Recent cases discussed include:

• Armstead v Royal & Sun Alliance Co Ltd [2024] UKSC 6;
• Miller v Irwin Mitchell LLP [2024] EWCA Civ 53;
• Norman Hay plc v Marsh Ltd [2024] EWHC 1039 (Comm);
• One Savings Bank plc v Waller-Edwards [2024] EWCA Civ 302;
• Project Angel Bidco Ltd v Axis Managing Agency Ltd [2024] EWCA Civ 446;
• Scotbeef Ltd v D&S Storage Ltd [2024] EWHC 341 (TCC);
• Scotland Gas Networks plc v QBE UK Ltd [2024] CSOH 15;
• UnipolSai Assicurazioni SpA v Covéa Insurance plc [2024] EWHC 253 (Comm);
• Various Eateries Trading Ltd v Allianz Insurance plc [2024] EWCA Civ 10;
• Williams-Henry v ABP Holdings Ltd [2024] EWHC 806 (KB); 
  The Big Kahuna [2024] EWHC 937 (Admlty).

The latest update includes commentary on the Hague Convention 2019 and proposed amendments to CPR Part 74 and PD 74A.

This review, written by Aybüke Naz Durmuş, covers important court decisions in the field of insurance and reinsurance in 2023. It addresses the most significant judgments of the year, including major appellate decisions in the area, and first instance decisions dealing with important points of principle.

Access it here: https://www.i-law.com/ilaw/doc/view.htm?id=437859

Insurance Law Monthly has been providing specialist analysis of key cases, EU Directives and updates in legislation and regulation for many years. Every month, our experts report on the most noteworthy international cases concerning issues including liability, marine, motor, property and business interruption.

The latest issue of Insurance Law Monthly is available here.