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Insurance Claims

Author: Alison Padfield QC

ISBN: 9781526511911

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Edition: Fifth

Publication Date: 2021

Publisher: Bloomsbury Professional

Law As Stated At: 4 October 2020

Insurance Claims

Insurance Claims

A practitioners' text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is aimed at those involved in the application of the law on a daily basis, whether as solicitors, barristers or insurance claims handlers.

Where the law is clear, it is set out concisely; the text suggests what the law should be, rather than what it is, only where the law is uncertain, or there appears to be a gap. Discussion of the development of the law is included only where necessary to understand the current position; old (particularly pre-1865) authorities are referred to only rarely, and only where they are still relied on as authoritative statements of fundamental principles.

The new edition covers recent decisions of the Supreme Court and Privy Council, including:

  • AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses;
  • Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The 'B Atlantic' [2018] UKSC 26 – construction of insurance contracts/exclusion clauses;
  • Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses;
  • and UK Insurance Ltd v R&S Pilling ([2017] EWCA Civ 259: judgment to be handed down by the Supreme Court on 27 March 2019) – construction of insurance contracts/meaning of 'use' of a vehicle in domestic and EU legislation on compulsory motor insurance.

and also those handed down by the Court of Appeal, including:

  • Euro Pools plc v Royal and Sun Alliance Insurance plc ([2018] EWHC 46 (Comm): judgment of the Court of Appeal awaited following hearing in January 2019) – construction and application of notification clauses in professional indemnity insurance;
  • Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 - construction insurance contracts/aggregation clauses;
  • Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – application of insurance claims conditions/estoppel based on 'duty to speak';
  • and XYZ v Travelers Insurance Co Ltd [2018] EWCA Civ 1099 – costs against liability insurers as non-parties

EU law and domestic law derived from EU law remains relevant, and will do for the foreseeable future, as new legislation implementing Brexit will not be retrospective.