February 2007
Asbestos Update
Kendall Freeman's second Asbestos Update in which we update you on the legal and political developments in the UK and in Europe that have taken place over the last three months. Articles inside address Mesothelioma : John Pinder v Cape Plc, Mesothelioma Action Day, DWP , Mesothelioma Claims Handling, Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill, New Control of Asbestos Regulations 2006, Periodical payments, Industrial Injuries Disablement Benefit (IIDB) scheme.
Download (pdf)
|
|
January 2007
Dishonest assistance – “difficult to define, but you know it when you see it”
At the start of the 2006 World Cup, a Radio Five Live presenter commented: “This World Cup has got a very international feel to it.” Stating the obvious is a criticism that could also be made against the title to this article, although the title does accurately sum up this topic. Sometimes, people in the world of sport make less obvious comments such as David Beckham’s assessment of England’s poor performance against Paraguay in the same World Cup, when he observed “It was really difficult for us playing in the midday sun with the three o’clock kick off.” Even assuming Mr Beckham had forgotten to put his watch forward an hour after arriving from England.
Download (pdf)
|
|
January 2007
The interpretation of claims cooperation clauses – AIG EUROPE (IRELAND) LTD v FARADAY CAPITAL LTD (ON ITS OWN BEHALF AND ON BEHALF OF THE UNDERWRITING MEMBERS OF LLOYD’S SYNDICATE 435 FOR THE YEAR 2002), Queen’s Bench Division, 31 October 2006
AIG provided directors and officers cover (“the D&O Policy”) to Smartforce which was listed on the NASDAQ exchange. AIG reinsured a proportion of the US$15 million risk with, amongst others, Faraday. The reinsurance contract included a claims cooperation clause which stated:
Download (pdf)
|
|
|
|
|
|
30 January 2007
A v AJ and others [2007] EWHC 54 (Comm) – Indemnity costs ordered when Court action was brought in breach of an arbitration agreement
Background
This case concerned previous Court proceedings brought by A against AJ. Those Court proceedings were brought despite an arbitration agreement which required the parties to refer any issue between them in relation to the supervisory jurisdiction of the arbitration to the Swiss Courts. The Defendants were granted a stay due to the existence of an arbitration agreement by Colman J in July 2006. The Defendants then applied for (1) a costs order against A on an indemnity basis; (2) a payment on account of costs and (3) a order for payment of interest at 8%.
Summary
In ordering costs on an indemnity basis to the Defendants, Coleman J was of the view that a party who deliberately ignores an arbitration or jurisdiction clause so as to derive an unjustifiable procedural advantage is acting in breach of contract but is also misusing judicial facilities and, as such, requires "discouragement by more stringent means than an order for costs on the standard basis".
Colman J held in such circumstances an order for indemnity costs will usually be the normal approach.
For a market that traditionally includes arbitration clauses in its wordings, this decision should act as a reminder that the courts will vigorously enforce that obligation.
|
|
29 January 2007
European Commission interim report: brokers and reinsurance wording in the line of fire
On 24 January 2007, the European Commission published its interim report (the "Report") on the competition enquiry into the business insurance sector. The sector enquiry, which covered all forms of commercial insurance but excluded personal lines, was launched on 13 June 2005 in the wake of the Spitzer investigations into the industry in the US to establish whether business insurance markets throughout Europe are competitive enough to deliver their full benefit to
|
|
Read more... []
|
|
Law-Now
January 2007
Business insurance: European Commission’s interim
report
On 24 January 2007, the European Commission published its interim
report in the sector investigation into business insurance. Market
fragmentation has emerged as a major issue. The Commission has also
raised concerns about the justifications of the scope of the current
insurance sector block exemption.
|
|
Read more... []
|
|
26 January 2007
English & American Insurance Company Limited – v- Axa Re [2006] EWHC 3323
This recent judgment concerns two applications. The first was an application by English & American Insurance Company Limited ("EAIC") for summary judgment for the payment of US$772,538 due from Axa Re under various reinsurance contracts. The second was an application by Axa Re to strike out "without prejudice" evidence which had been used in EAIC's application for summary judgment.
|
|
Read more... []
|
|
|
|
<< Start < Prev 11 12 13 14 15 16 17 18 Next > End >>
|
| Results 166 - 180 of 256 |
If you have an article or information you would like to see published on Runoffmarket.com please get in touch using the Contact Us page or email
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
for more information.
