From the category archives:

Insurance

Litigation tsunami?

by Jolyon on 30 June, 2009

The front page splash in The Lawyer yesterday was that EC3 law firms would be doing well out of the forthcoming “tidal wave of litigation“.
Certain of the quotes were remarkably insensitive. The comment that”the London market’s walking around with a smile on its face” from one senior partner managed to combine smugness [...]

{ 0 comments }

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 [...]

{ 0 comments }

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 [...]

{ 0 comments }

Fraud rising, but what else?

by Jolyon on 17 December, 2008

AON are warning that fraud is on the rise and that insurance is going to face increasing claims from environmental threats, terrorism and product recalls.
They also think nano-tech is going to bite insurers.
I’d agree with fraud.
Longer term, I think the environment is going to be an issue — it already is, obviously — [...]

{ 1 comment }

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 [...]

{ 2 comments }

Pension mis-selling back

by Jolyon on 8 December, 2008

It’s deja vu all over again, at least for those of us who remember the last Big Recession.
The FSA has been reviewing advice given to customers wanting to switch into a personal pension or SIPP. Having looked at 500 cases across 30 firms, they found that 16% of clients had received unsuitable advice. [...]

{ 0 comments }

Ryanair “No air” ?

by Jolyon on 26 August, 2008

The Guardian reports on a Ryanair emergency landing which put 16 in hospital in Limoges.
Most people, I think, while scared witless, would probably expect that every so often this sort of thing “just happens”. What is markedly less reassuring, somehow (though I can’t quite put my finger on why) is that few of the [...]

{ Comments on this entry are closed }

RMP v Brent 2 – competition

by Jolyon on 16 May, 2008

We won the second phase of our case for RMP against Brent LBC, Harrow LBC and LAML today.
Here is the Press Release. As before, I hope to put up a more comprehensive guide to what the judgment means shortly.

London Mutuals Case: Local Authorities Cannot Sidestep EU Procurement Process
Another resounding victory for Risk Management Partners [...]

{ Comments on this entry are closed }

RMP -v- Brent: What the decision means

by Jolyon on 28 April, 2008

On April 22nd 2008 Lord Justice Stanley Burnton handed down his judgment in R (on the application of Risk Management Partners) –v– the Council of the London Borough of Brent [2008] EWHC 692 (Admin).
LAML, who were an interested party in the case, say that the court threw “out claims from the private sector that councils [...]

{ Comments on this entry are closed }

Asbestosis Awareness

by Jolyon on 22 February, 2008

I am staggered by this. According to the British Lung Federation:
* Less than a third of tradespeople are aware asbestos exposure can cause cancer
* Only 12% of tradespeople know asbestos exposure can kill them
* Nearly a third (30%) wrongly believe most asbestos has been removed from UK buildings
* Three quarters (74%) have had no [...]

{ 0 comments }