News & Analysis as of

Appeals Insurance Industry United Kingdom

Skadden, Arps, Slate, Meagher & Flom LLP

UK Supreme Court Clarifies Rules on Fiduciaries, Bribery and Disclosure

Improper inducement or legitimate distribution fee? The UK Supreme Court’s landmark ruling clarifies the rules on intermediaries that are common to the supply chain of almost all financial services....more

Cooley LLP

UK Civil Justice Council Publishes Review of Litigation Funding

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The Civil Justice Council (CJC) has published its highly anticipated final report on the regulation and development of litigation funding in England and Wales. This comprehensive report addresses the implications of the UK...more

Hogan Lovells

UK VAT on insurance intermediary services – exemption expanded?

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The Court of Appeal (CA) in WTGIL Ltd v HMRC [2025] EWCA Civ 399 considered the scope of the VAT exemption for services supplied by insurance intermediaries. The case concerned motor insurance for young drivers which required...more

Hogan Lovells

UK Insurance Horizon Scanner – April 2025

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A snapshot of key market and regulatory developments expected to impact the UK insurance sector over the next six months. 1 – 3 April Motor finance: The Supreme Court heard the three linked appeals, Hopcraft, Johnson and...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

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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

Latham & Watkins LLP

UK High Court Sanctions £10.1 Billion Annuity Book Transfer From PAC to Rothesay

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The judgment clarifies the Court’s approach to proposed transfers under Part VII of FSMA, as well as the scope and application of s. 110(1)(b).  On 24 November 2021, the High Court of England and Wales (the Court)...more

Cooley LLP

Blog: Court of Appeal Upholds Decision on Inducement

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The Court of Appeal has, in its recent judgment in Zurich Insurance Plc v Niramax Group Ltd [2021] EWCA Civ 590, addressed important issues of non-disclosure and inducement that were addressed at first instance in the...more

BCLP

Supreme Court hands down its judgment in the COVID-19 Business Interruption Insurance Test Case

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The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more

Latham & Watkins LLP

Landmark Judgment Rules in Favour of Rothesay Life Plc

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Court of Appeal sets out correct approach to transfer of long-term Insurance. Latham & Watkins has won an appeal on behalf of Rothesay Life Plc (Rothesay) in an unprecedented challenge to the High Court’s refusal to...more

BCLP

What to expect from the FCA Test Case appeal to the Supreme Court

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On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more

Cooley LLP

Blog: FCA – business interruption insurance test case – appeal

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At a hearing on 2 October 2020, the court made a number of orders following on from its judgment. The court granted “leapfrog” appeal certificates to the FCA, to six of the insurers involved in the test case and to one of...more

Cooley LLP

Blog: FCA – business interruption insurance test case – appeal

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Following the judgment, handed down on 15 September, it has been confirmed that there will be a hearing on 2 October at which the court will hear any applications for permission to appeal....more

BCLP

No Reinsurer Spiking Allowed - Now Settled English law: Equitas and MMI Supreme Court case is discontinued

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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

BCLP

No spiking allowed - Reinsurers’ appeal is successful in Equitas v MMI

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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

Hogan Lovells

UK: AIG Europe Limited v Woodman and others

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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...more

A&O Shearman

Is the payment of a sum into an escrow account sufficient to ascertain an insured loss?

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A settlement that required the defendant to pay a sum into an escrow account which would be paid out to the claimant in certain agreed circumstances did not itself ascertain a loss for the purposes of the defendant’s...more

Cooley LLP

Blog: Court Of Appeal Confirms That Payment Of Money Into Escrow Account Is Not An Insured Loss Under A Liability Policy

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In WR Berkley Insurance (Europe) Limited v Teal Assurance Company Limited [2017] EWCA Civ 25, the Court of Appeal upheld the first instance decision of Mr Justice Eder, and confirmed that the payment of monies into an escrow...more

Cooley LLP

Blog: Court of Appeal dismisses appeal by insurer relating to the operation of a notification clause

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In Zurich Insurance PLC v Maccaferri Ltd [2016] EWCA Civ 1302 the Court of Appeal considered the notification provisions of a policy, held by the respondent (Maccaferri), which covered accidental death and personal injury...more

Carlton Fields

UK Court Considers Whether Later Conduct Stemming From A Loss Event Should Be Considered A Loss Under An Excess Of Loss...

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This case considers an appeal against an arbitration award concerning whether health claims from persons involved in cleaning up the 9/11 World Trade Center site should be considered to be multiple claims or should be...more

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