Posts tagged as:

caselaw

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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