14 November 2005
Claims Co-Operation Clauses: is co-operation within a "reasonable time" sufficient?
Shinedean Ltd v (1) Alldown Demolition (London) Ltd (In Liquidation) (2) Axa Insurance UK Plc (28 October 2005) (His Honour Judge Richard Havery Q.C.) (QBD (TCC))
Facts: The Claimant, Shinedean Limited, contracted with Xen Limited, the latter being retained to carry out development work on premises owned by the Claimant. Xen Limited in turn contracted with the First Defendant, Alldown Demolition (London) Limited (now in liquidation) whereby the First Defendant was retained to carry out demolition/excavation works on the Claimant's premises. The First Defendant's excavation led to a collapse of a neighbouring property's wall, which in consequence, led to the Claimant commencing proceedings against the First Defendant.
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Law-Now
November 2005
The EU directive on reinsurance
The EU Council has formally adopted the Directive on reinsurance which
will introduce, for the first time, a harmonised regulatory regime
for "pure" reinsurers. When implemented in just over two
years time, reinsurers across the EEA will be subject to a common system
of authorisation, prudential regulation and solvency and, like direct
insurers, will have a single home state authorisation valid for the
entire EEA.
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Law-Now
October 2005
Naming an expert – the risks
Expert evidence is often used in insurance and reinsurance litigation.
The main purpose of expert evidence is to assist the Court to decide
what a reasonable and prudent underwriter or broker would have done
in the circumstances. As such, expert evidence may be a crucial factor
to swing the Court's decision to one way or another. Therefore, it
is not uncommon for a party to shop around for the right expert whose
evidence will advance the party's case. A party may change their mind
on whose reports they want to adduce as evidence as the litigation
develops.
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5 September 2005
Jurisdictional dispute: England is the appropriate forum to hear a reinsurance dispute concerning a risk located in Mauritius
In the recent judgment of Dornoch Ltd and others v The Mauritius Union Assurance Co Ltd and The Mauritius Commercial Bank Ltd (2005), the Commercial Court held that the appropriate forum to hear a dispute concerning a reinsurance agreement was England. The case concerns a familiar scenario where a foreign insured is insured locally, with the reinsurance placed in London, and where the reinsurance does not contain specific jurisdiction or choice of law clauses.
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September 2005
Read a book, play a game
Richard King, senior consultant at Helix, offers some thoughts on Game Theory and its applications.
Download (pdf)
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September 2005
The ongoing reality and contribution of run-off
Mike Palmer looks the living reality of run-off and the contribution it makes and what contributes efficient run-off according to the interests of different stakeholders.
Download (pdf)
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September 2005
The epidemiology of insurance claims
Do disease models provide any insight into the control or mitigation of more serious insurance contagion? Ask Dewi James or Richard King.
Download (pdf)
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