The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more
2/14/2024
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Occurrence ,
Policy Terms ,
Reinsurance ,
UK
On 17 October 2022, the English Commercial Court delivered three very significant, related judgments, which in part considered aggregation of business interruption losses arising from COVID-19....more
Insurers seem confident that reinsurers will take their share of the impact of the Court’s judgment. So what are the immediate reinsurance issues arising from the decision?...more
The case between Equitas and Municipal Mutual Insurance (MMI) has been discontinued, bringing to an end a dispute that was due to be heard by the UK Supreme Court this week. Last year’s ruling by the Court of Appeal therefore...more
As has been reported widely in the press, policyholders are seeking damages from insurers for “late payment” due to insurers rejection of their Covid-19 BI related claims. In particular, many small and medium sized businesses...more
Reinsurers are generally bound to follow the fortunes of their reinsureds, but will these be the same fortunes that were priced, sold, and reserved at inception or post-contractual coverages that are mandated by state...more
A key question being asked in the markets is whether reinsurers are obliged to follow their cedants’ Covid-19 related settlements?
Covid-19 continues to dominate the headlines and the lives of people around the world....more
The Court of Appeal’s highly anticipated judgment in Equitas v MMI has been handed down today (17 April 2019). The decision is the latest ruling in the long running saga and represents an important victory for reinsurers....more
4/17/2019
/ Appeals ,
Arbitration ,
Asbestos ,
Asbestos Litigation ,
Insurance Industry ,
Legal History ,
Loss Allocation ,
Mesothelioma ,
Reinsurance ,
Toxic Exposure ,
UK
This is our pick of the key recent legal and regulatory issues affecting the insurance and reinsurance sector.
Non Party PI Insurers Liable for Costs -
In the January 2019 case of Various Claimants v Giambrone the...more
3/4/2019
/ Amended Legislation ,
Arbitration ,
Covered Agreement ,
Denial of Insurance Coverage ,
EU ,
Indemnity Insurance ,
Insurance Industry ,
Insurance Litigation ,
NAIC ,
Product Defects ,
Regulatory Standards ,
Reinsurance ,
SMCR ,
UK ,
US-EU Covered Agreement