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  •  
    22/02/2024
    United Kingdom

    Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15

    The Scottish Court of Session has, for the first time, considered what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010 (the “2010 Act”). In this matter, the Court found that a ‘decree in default’, issued due to the insolvent Insured’s failed to appear at a procedural hearing, was sufficient to establish ‘liability’.The decision is significant as, while insurers would usually have the right to ‘look behind’ a decision or settlement to form a view on whether the insured...
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  •  
    12/02/2024
    United Kingdom

    High Court rules in favour of reinsureds seeking recovery of UK COVID-19 BI losses

    Overview The High Court has, for the first time, considered the reinsurance recovery of non-damage COVID-19 (first lockdown) business interruption losses, specifically under catastrophe excess of loss property reinsurances.  CMS successfully acted for Markel International Insurance Company Limited (“Markel”) in the case, which determined appeals against two separate arbitral awards on questions of law under Section 69 of the Arbitration Act 1996.The parties to the two appeals were:Markel and its reinsurer, General Reinsurance AG (“Gen Re”); andCovéa Insurance...
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  •  
    26/01/2024
    Luxembourg

    CAA clarifications on the notion of insurance intermediary in the context of group insurance contracts

    On 24 January 2024, the Commissariat aux Assurances (the “CAA”) released an information note regarding the notion of insurance intermediary in the context of group insurance contracts (the “Note”).The Note was published following the judgment rendered by the European Court of Justice (the “ECJ”) on 29 septembre 2022 (Case C-633/20), in which the ECJ considered that “the concept of ‘insurance intermediary’ and, therefore, that of a ‘distributor of insurance products’, […] covers a legal person whose activity consists in offering...
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  •  
    06/12/2023
    EU

    EU publishes Directive on distance financial services contracts in Official Journal

    In November 2023, the EU legislator adopted the new Directive regarding financial services contracts concluded at distance.This Directive essentially aims to modernise the existing legal framework governing distance contracts for financial services concluded between a professional and a consumer. For the record, a "financial service" is defined as any service relating to banking, credit, insurance, personal pensions, investments and payments.The European legislator has focused on the following subjects: (i) pre-contractual information, (ii) the right of withdrawal, (iii) the obligation to provide...
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  •  
    05/12/2023
    United Kingdom

    Jagger and others v AXA Insurance UK Plc [2023] 7 WLUK 263 – Three Strikes Not Out

    The Court has found that it was an abuse of process to rely on the evidence of an expert whose independence was in question, as well as issuing the claims for significantly less than they were later amended to (and where the increased court fee was not paid until an Unless Order was issued). However, this abuse of process did not result in the striking out of the claims.BackgroundSheffield based law firm, SSB Law, represented 1,428 litigated claims concerning the defective or inappropriate installation of cavity wall insulation. 143 of these claims were issued within the Damages Claims Portal (‘DCP’)...
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  •  
    04/12/2023
    United Kingdom

    Causation of indivisible diseases – material contribution test applies, says Court of Appeal

    In Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377, the Court of Appeal has attempted to bring clarity to the notoriously slippery legal concept of “material contribution”.The judgment reviews the leading cases in some detail and provides clear guidance on an area which, the court observed, has been “bedevilled by apparent inconsistency and imprecision at the highest level on multiple occasions.” (para. 30).The case concerned an individual who alleged that his Parkinson’s Disease was caused, at least in part, by exposure to the organic solvent Trichloroethylene (TCE)...
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