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By James Scoville, Benjamin Lyon
Regulatory and industry developments have continued apace since our previous Client Update summarising insurance developments in the first part of 2016.
By Tony Dymond, Gavin Chesney, Georgina Petrova
On 26 October 2016, the Court of Appeal delivered its judgment in Kazakhstan Kagazy Plc & 6 others v (1) Baglan Abdullayevich Zhunus (2) Maksat Askaruly Arip (3) Shynar Dikhanbayeva [2016] EWCA Civ 1036.
By Jeremy Hill, Christopher Henley
History Shows That, At Least Since The 1950s, the likelihood that any authorised insurance company will not be able to pay its claims in full is reassuringly small
By Christopher Henley
CONTINGENT COMMISSIONS WERE A lucrative feature of the London insurance market for many years, but the enquiries engendered by Eliot Spitzer, then New York State Attorney General, highlighted the methodology of brokerage in London and resulted in their reduced use.
By Jeremy Hill, Christopher Henley
IN CASES INVOLVING THE LENDING OF LARGE sums of money, the use of the borrower’s insurance as a security asset is often viewed as the failsafe in the overall security package. In the event of a catastrophe giving rise not only to material damage but also to business interruption, or even the loss of a key member of the borrower’s management, there may be no other significant asset available for recourse by the lender.
By Jeremy Hill, Christopher Henley
Although the courts are often at pains to point out that insurance law is merely a subset of general contract law and should be applied without any concession or discrimination simply because the subject matter is insurance, there are, in fact, several aspects that are peculiar to insurance.
By Jeremy Hill, Christopher Henley
ONE OF THE PURPOSES OF INCORPORATION is to absorb and contain liability within the corporate shell: the so-called corporate veil, behind which directors used to feel reasonably safe.
By Jeremy Hill, Christopher Henley
FOR OVER 100 YEARS PROPERTY AND liability insurance law has largely been governed by the Marine Insurance Act 1906, a product of careful thought and drafting that codified the previous 200 years of case law.
By Jeremy Hill, Edite Ligere
The Financial Services Bill 2009 ("FSB 2009"), unveiled in the Queen’s Speech on 18 November 2009, proposes far-reaching changes. One such change is the establishment of a Council for Financial Stability which would consist of the Chancellor of the Exchequer (as Chairman), the chair of the FSA and the Governor of the Bank of England.