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Our recently published
guide to coverage defences in Europe provides an overview of
the key coverage defences under the law of England and Wales and
the extent to which these defences are available to insurers in
other European jurisdictions. The aim of the guide is to
provide a useful quick reference tool for insurers and brokers
involved in underwriting and placing risks across
Europe.
Each section of the guide has been written by local insurance
lawyers who are part of the CMS network. As part of the CMS network
we are able to offer the services of a total of 52 offices in 28
countries in Western and Central Europe and beyond. Thanks to
the way we are structured, we can provide specialist insurance
lawyers who genuinely understand the local legal and commercial
markets.
This article was written for Law-Now, CMS Cameron
McKenna's free online information service. To register for
Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance
only. The information and opinions expressed in all Law-Now
articles are not necessarily comprehensive and do not purport to
give professional or legal advice. All Law-Now information relates
to circumstances prevailing at the date of its original publication
and may not have been updated to reflect subsequent
developments.
The original publication date for this article was
16/10/2012.
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On 24 April 2013 the DIFC Court of First Instance issued an important judgment accepting jurisdiction over a dispute between a DIFC-based reinsurer and an Abu Dhabi based insurance company.
The China Insurance Regulatory Commission promulgated the Notice on Relevant Issues regarding Investment and Shareholding of Limited Partnership Equity Investment Enterprises in Insurance Companies.
A discussion on whether a third party to a contract could obtain stay of legal proceedings against it and rely on arbitration agreement in the contract.
A discussion on a recent judgment of the High Court of New Zealand, which indicates how New Zealand courts will approach indemnity disputes associated with commercial property damage caused by the Christchurch earthquakes.
This case considered whether, where a liability policy contained an exclusion excluding liability arising under a contract, unless such liability would have attached in the absence of such a contract, and where there was a judgment finding the insured liable for breach of contract, that foreclosed the question as to whether there was also tortious liability that would fall within the terms of cover.
A recent Court of Appeal case, has fired a warning shot that the costs of preparation could be disallowed if skeleton arguments are not kept as concise as possible.
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