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Category Archives: Case reports

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Posted in Case reports, Italy

Latest developments of Italian case law for index-linked and unit-linked policies

The classification of index and unit linked policies as insurance or financial products continues to be debated in Italy, notwithstanding the Supreme Court’s decision no. 6061 of 18 April 2012. The issue arises from the enactment of Law no. 262/2005 – entered into force on 25 January 2007 -, which extended the application of the

Posted in Case reports, UK

UK: Wood v Capita Insurance Services Limited

Be aware of drafting (or seeking to interpret) a contractual indemnity provision in isolation.  Appreciating the wider contractual context will avoid surprises. The Supreme Court has held that the indemnity clause in an SPA did not operate to indemnify the buyer of an insurance broker against compensation paid to customers as a result of mis-selling.

Posted in Case reports, UK

UK: AIG Europe Limited v Woodman and others

Earlier this week, the Supreme Court overturned the Court of Appeal’s judgment in AIG Europe Limited v Woodman and others UKSC 2016/0100, ruling on how claims arising from similar acts or omissions in a series of related matters or transactions should be aggregated for the purposes of a per claim limit.  The court held that whilst

Posted in Case reports, UK

UK: What level of dishonesty counts as fraud? An analysis of recent Supreme Court judgments

The Supreme Court published two judgments on how dishonesty affects insurance claims before the end of the most recent Trinity term: Hayward (Respondent) v Zurich Insurance Company plc (Appellant) [2016] UKSC 48 and Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) UKSC 2014/0252 (The Merwestone). The factual background

Posted in Case reports, UK

UK: “Read them the Riot Act”: Supreme Court holds that insurers cannot recover consequential losses from the police

Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor’s Office for Policing and Crime [2016] UKSC 18 In the culmination of a test case on the extent of local police authorities’ statutory liability to compensate victims of riot (“Victims“), the Supreme Court (the “UKSC“) has held, unanimously, that consequential losses are not recoverable from the police.

Posted in Case reports, Spain

Spain: D&O policies and bails asked by Criminal Courts

Last 11 January 2016 Central Examining Court no. 3 (“Juzgado Central de Instrucción nº 3”) decided that in case of crimes that can only be committed intentionally, the D&O policy could guarantee the indemnities to be paid to third parties, but it will never guarantee the damages suffered by the own policyholder due to the

Posted in Case reports, European Union

EU: Where in the world?

2015 saw some interesting judgments dealing with jurisdictional questions of relevance to the insurance market. In this article we look at two of these. Where will we be sued? Jurisdictional uncertainty for insurers and insureds In Mapfre and another v Keefe, the Court of Appeal considered whether the English court had jurisdiction over a direct

Posted in Case reports, USA

US: Turning The Tables – Hogan Lovells Recovers More Than $625,000 In Attorneys’ Fees From Plaintiff’s Counsel for Frivolous Bad Faith Suit

It happens all too often, or at least it feels like it does.  Your client is named as a defendant in a case that you know has no merit.  You tell the plaintiff that they have no case and, after they ignore you, you move to dismiss.  But low pleading thresholds, broad allegations and some

Posted in Case reports, USA

U.S. Court of Appeals Affirms Decision by Lower Court That Retrocessions with Underlying U.S. Risks Between Two Non-U.S. Reinsurers Are Not Subject to U.S. Federal Excise Tax

The U.S. District Court of Appeals for the District of Columbia Circuit recently affirmed the U.S. District Court’s decision in Validus Reinsurance, Ltd. v. United States of America, that the U.S. federal excise tax (“FET”), sometimes referred to as the “cascading” FET, does not apply to retrocessions between two non-U.S. reinsurers even if the underlying

Posted in Case reports, UK

UK: Zurich Insurance PLC UK Branch (Appellant) v International Energy Group Limited (Respondent)

The Supreme Court yesterday overturned the Court of Appeal‘s judgment in Zurich Insurance PLC UK Branch v International Energy Group Limited [2015] UKSC 33.  This case dealt with the law in Guernsey on exposure to asbestos where there is no equivalent to the Compensation Act 2006.  The case concerned whether an insurer is liable to

Posted in Case reports, USA

USA: Washington Law Bars Reevaluating Regulator Approved Rates Invoking the Filed Rate Doctrine

The Washington State Supreme Court today issued its en banc opinion in McCarthy Finance, Inc. et al. v. Premera et al., WA S. Ct. Case No. 90533-9.  The Court held that Washington law does apply the filed rate doctrine in the insurance context, and that the doctrine bars actions that would require a court to

Posted in Case reports, UK

UK: Competing exclusive jurisdiction and arbitration clauses: the Fiona Trust “one-stop” presumption displaced

The High Court has held (in the recent case of AmTrust Europe Limited v Trust Risk Group SpA [2014] EWHC 4169 (Comm)) that it had jurisdiction – despite there being competing exclusive jurisdiction and arbitration clauses – to grant an injunction requiring a broker to replace money it had transferred out of an account held on

Posted in Asia, Case reports, European Union, France, Germany, Italy, Latin America, Poland, Russia, Spain, The Netherlands, UK, USA

When do insurers need to charge themselves VAT?

This article was first published in Global Reinsurance Magazine on 30 September 2014 and is reproduced in the blog with kind permission of the publishers. The answer lies in the findings of a recent case at the European Court of Justice. The case found that when a company’s head office supplies services from a third

Posted in Case reports, UK

UK: Potential judicial review proceedings on the jurisdiction of the FOS

Bluefin Insurance Services Limited (“Bluefin”) recently challenged the Financial Ombudsman Service’s (“FOS”) jurisdiction over a complaint made against it. In order for the FOS to have jurisdiction over a complaint, the person making the complaint (the “Complainant”) must fall within the definition of “eligible complainant” contained within Rule 2.7.1R of the FCA’s Dispute Resolution: Complaints

Posted in Case reports, UK

UK: Robust approach to reinsurer’s follow obligation

Tokio Marine Europe Insurance Limited v Novae Corporate Underwriting Limited In a refreshingly short judgment, Field J adopted a robust, common sense approach in granting summary judgment to a cedant and refusing to allow a reinsurer to try to develop arguments that the underlying commercial settlement was reached without all proper and business like steps

Posted in Case reports, Spain

Recent developments in Spanish Case Law as regards compensation in cases of Lawyer´s liability

In the Spanish jurisdiction how to calculate lawyer´s civil liability has always been a controversial issue. The key question is, if the professional makes a mistake, is the client´s right of defense damaged or is there only an infringement of a contractual relationship with the obligation to pay a compensation for damages?

Posted in Case reports, Italy

Italy: Unit and Index linked policies: the wavering position of Italian courts

Unit and Index linked policies are at the centre of a debate as to whether they should be classified as insurance contracts or financial products, respectively governed by different sets of rules. Linked policies concluded after 25 January 2007 – i.e. the entry into force of Legislative Decree no. 303 of 29 December 2006 –are

Posted in Case reports, UK

UK: The perils of follow clauses: a following underwriter may have to follow a settlement even if the settlement agreement purports not to bind them

San Evans Maritime Inc & Ors v Aigaion Insurance Co SA In this case the Commercial Court held that the Aigaion, one of the insurers of a ship – the St. Efrem, was required to follow a settlement entered into by a group of Lloyd’s syndicates who were the lead insurers of the vessel under

Posted in Case reports, Regulatory and legislative updates, Spain

Spain: Does an excessive use of the health insurance double the insurance premium?

Several studies maintain that an increase in the use of the health cover is lately provoking sensible rises of the insurance premiums. The first consequence of this fact is a general discontent of the policy holders and the subsequent launching of the debate on whether these premium rises are lawful or not. The aforementioned premium