From the category archives:

Case Reports

ESI disclosure in practice

by Jolyon on 11 March, 2010

Public bodies, private businesses and even some individuals now create, exchange and store data and communicate with each other almost entirely by electronic means. The volume of such Electronically Stored Information (ESI), even in small organisations, is immense because of the sheer ease of creation, transfer and storage.
The problem with ESI in litigation
The [...]

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Why ADR can be important in litigation

by Jolyon on 2 March, 2010

ADR (Alternative Dispute Resolution) is something that the English Courts tend to encourage in the process of litigation. Normally, at least in the Commercial Court, the parties will be required to confirm by the time of the Case Management Conference what steps they have taken to resolve the matter by way of ADR.
In the [...]

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Safety National v Lloyd’s

by Jolyon on 20 November, 2009

On November 9, an en banc opinion of the Fifth Circuit Court of Appeals ruled that arbitration provisions in international reinsurance contracts are enforceable despite a Louisiana statute prohibiting arbitration agreements in insurance contracts.
In Safety Nat’l Cas. Ass’n v. Certain Underwriters at Lloyd’s the Underwriters provided reinsurance for excess policies issued to a workers compensation [...]

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Alistair Schaff on Wasa v Lexington

by Jolyon on 4 September, 2009

Alistair Schaff QC gave an illuminating talk on Wasa –v– Lexington at an impromptu BILA session in Lloyd’s Old Library today.
While Schaff represented the winning reinsurers he managed to convey an objective sense that the right decision had been reached. I was in tune with that since I had always found the CA decision [...]

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RMP -v- Brent: A decisive victory

by Jolyon on 9 June, 2009

In a 3-0 decision the Court of Appeal has today ruled decisively that it is beyond the power of any local authority to set up and participate in a mutual insurer.
The unanimous decision of their Lordships in the case of RMP -v- Brent [2009] EWCA Civ 490 not only reinforces but goes further than the [...]

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Master policies –v– Local policies: reinstatement

by Jolyon on 2 June, 2009

In the very recent (20 May 2009) case of Flexsys America L.P. -v- XL Insurance Co Ltd, the UK Commercial Court considered some interesting issues of overlap between different parts of the same overall programme, and in particular whether reinstatement provisions in the master cover could be used to provide extra cover for the same [...]

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Beware the literal

by Jolyon on 17 December, 2008

Insurers should be wary of reliance on an apparently iron-clad warranty. Context is critical, and the courts will look beyond the mere words to discover the true intentions of the parties.
In Pratt -v- Aigaion Insurance Company [2008] EWCA Civ 1314, the Court of Appeal held that insurers were not entitled to rely on a [...]

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KNIC wins case against London

by Jolyon on 10 December, 2008

London Market reinsurers have ended their long-running Commercial Court litigation with Korea National Insurance Corporation (KNIC) by agreeing to pay approximately 95% of KNIC’s reinsurance claim and to retract and withdraw all allegations of fraud and impropriety made against the North Korean insurer.
The litigation, which began in January 2007, involved a claim by KNIC to [...]

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Authority and Claims Co-operation

by Jolyon on 14 November, 2008

In the recent (24.10.08) case of Markel –v- Gothaer Allgemeine & Kontinentale the Commercial Court considered the nature and role of an agent in a dispute over a Claims Co-operation Clause. It’s an oddly fact-specific case, but there are some wider issues in play.
This was a summary judgment application by reinsurers (Markel) to dismiss [...]

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Justice -v- Legality

by Jolyon on 30 July, 2008

[Warning: No reinsurance content]
There’s a difference between the two, of course.  Today, it rather looks as if justice took a back seat to ‘legality’ in the Lords.
First, they approved the extradition of computer hacker and self-styled ‘bumbling computer nerd’ Gary Mackinnon to the US.  Officials there are said to wish to see him ‘fry’, though on [...]

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