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United Kingdom Policy Terms Insurance Litigation

K&L Gates LLP

English Court Applies Policy Time Limit to Third Party Claim Against Insurer

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Introduction - In a decision that highlights the importance of prompt notification of insurance claims, the English High Court has considered the limits of third party recovery under the Third Party (Rights Against Insurers)...more

McGuireWoods LLP

English High Court Judgment Offers Rare Examination of War Risks Insurance

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In a 230-page judgment handed down by Mr Justice Christopher Butcher in the English High Court on June 11, 2025, six aircraft leasing companies secured “one of the largest sums ever awarded by the English courts” (according...more

Vedder Price

Success for aircraft lessors in Russian aircraft lessor policy claims

Vedder Price on

Background - The English Commercial Court has handed down a highly anticipated judgment in a multi billion-dollar insurance claim arising out of the failure of various Russian airlines to return leased aircraft to lessors...more

A&O Shearman

Insuring data breach liabilities – how different policies can stack up and the problem of late notification

A&O Shearman on

An English Court has recently decided that three insurance policies covering the same loss – data breach settlements arising from an incorrectly addressed email – provided a combined, cumulative limit of indemnity. While the...more

Clark Hill PLC

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping...

Clark Hill PLC on

A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more

Cooley LLP

‘After the Event’ Insurance Policy Given No Weight in Security for Costs Application

Cooley LLP on

In Asertis Ltd v. Bloch, in the context of a security for costs application, the English High Court determined that it could give no value to an ‘after the event’ (ATE) insurance policy even though it was supplemented with an...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

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

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

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A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

Ervin Cohen & Jessup LLP

Bad Faith Liability Can Arise Even Absent A Demand Within Policy Limits

In some circumstances an insurer’s duty to settle may arise even in the absence of a demand by the claimant within policy. The recent case of Planet Bingo, LLC v. The Burlington Insurance Company, 2021 DJDAR 2510 (March 18,...more

Morgan Lewis

Orient-Express Overturned: Next Stop Is Less Friendly for UK Insurers

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The UK Supreme Court in the Financial Conduct Authority’s business interruption test case has overturned a decade-long standing judgment relating to causation and how the “trends” clauses should be interpreted....more

Zelle  LLP

The Financial Conduct Authority v. Arch and Others [2021] UKSC 1 (“the FCA Test Case”)

Zelle LLP on

On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more

Morgan Lewis

UK Supreme Court Provides Policyholders an Antidote to Business Interruption Losses

Morgan Lewis on

This LawFlash provides a summary of the UK Supreme Court’s final decision in the FCA Business Interruption test case. The judgment is more policyholder friendly than the High Court judgment, particularly in relation to...more

Hogan Lovells

The Supreme Court decides on COVID-19 business interruption coverage – What does this mean for real estate?

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The Supreme Court has dismissed insurers’ appeals and substantially allowed the FCA’s appeal in the conclusion of the FCA test case litigation. The result means significantly greater coverage of claims and the focus will now...more

K&L Gates LLP

COVID-19: Insurance - The UK Supreme Court Judgment Brings Positive News for Policyholders in the FCA's Business Interruption Test...

K&L Gates LLP on

BACKGROUND TO THE TEST CASE - Following a four day hearing in November 2020, the UK Supreme Court has handed down the appeal judgment in the test case brought by the Financial Conduct Authority (FCA) on behalf of UK based...more

Dorsey & Whitney LLP

UK Supreme Court decides important judgment on Business Interruption Insurance

Dorsey & Whitney LLP on

The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”). The ruling is important for business interruption policy...more

Carlton Fields

English Court Enjoins Washington State Court Action in Favor of Arbitration in London

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In a dispute involving a complex, multilayered excess insurance policy, the Commercial Court of the Queen’s Bench Division enjoined Weyerhaeuser, a Washington company, from suing Catlin Syndicate Limited, a London-based...more

Carlton Fields

UK Court Considers Whether Payment Of Insurance Claim Violates Iran Sanctions

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A court in the United Kingdom has issued a ruling considering the intersection of a clause in an insurance agreement meant to protect the insurer from obligations that would violate international sanctions regimes and the...more

Hogan Lovells

UK: Sanctions exclusion clauses: What can we learn from Mamancochet Mining Limited v Aegis Managing Agency Limited and Others...

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On 12 October 2018 the High Court handed down judgment in a case that concerned a claim brought against insurers for payment under a marine cargo policy relating to the theft of steel billets from an Iranian port in late...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

Cooley LLP

Blog: Commercial Court provides guidance on interaction between aggregation and excess clauses

Cooley LLP on

In Spire Healthcare v Royal Sun Alliance Insurance plc [2016] EWHC 3278, the claimant sought declarations to the effect that an insurance policy it held with the defendant insurer contained no operative aggregation clause...more

Carlton Fields

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

Carlton Fields on

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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