Recent insurance and reinsurance cases

• FOS v Heather Moor (11/06/08)
  The Court of Appeal has upheld the right of the FOS to charge a firm the standard case fee, irrespective of outcome.
• R v FOS (11/06/2008)
  The Court of Appeal confirms the FOS does not have to decide cases strictly in accordance with English law, but by reference to what is fair and reasonable in all the circumstances.
• West London Pipeline v Total (09/06/2008)
  The court had no jurisdiction to order disclosure of the defendant’s insurance cover as it was not a matter in dispute in the proceedings.
• Lexington v Multinacional de Seguros (23/05/2008)
  An assertion that there had been breach of a clause that was a condition precedent to liability did not waive reinsurers' right to rely on a subsequent breach of the clause to deny the claim.
• Trader Media v Revenue and Customs (08/05/2008)
  The operator of a website that enabled visitors to buy insurance from a panel of insurers was acting as an insurance agent or broker and providing insurance intermediary services for the purposes of the VAT exemption.
• Scottish Coal v RSA (28/04/2008)
  A change in risk clause requires a material alteration in the subject matter of the risk, not merely an increase in the risk.   
• Temple v QBE (23/04/2008)
  In the absence of clear terms in an underwriting agency agreement, the agent was not entitled to handle run-off claims after termination.
• Tyco v Rolls-Royce (02/04/2008)
  A provision for joint names insurance in a construction contract does not necessarily mean the contractor will be immune from claims brought by co-insureds.
• Tesco v Constable (16/04/2008)
  The Court of Appeal confirms that a standard public liability policy covers liability in tort and contractual liability co-extensive with that liability in tort - not "pure" economic loss.
• WASA v Lexington (29/02/08)
  The Court of Appeal holds reinsurers liable to indemnify against settlements of US environmental claims, even though damage occurred outside the policy period.
• Kosmar v Trustees of Syndicate 1234 (29/02/08)
  The Court of Appeal finds insurers had not waived their right to rely on breach of condition precedent despite failing to reserve their position.
• Standard Life v Oak (13/02/08)
  A PI policy with a £25 million excess "each and every claim and/or claimant" applied the excess on a per claimant basis.
• Kajima v The Underwriter Insurance Company (25/01/2008)
  A notification of a circumstance under a professional indemnity policy was only effective as regards the specific circumstances notified.
• Kidsons v Lloyd's Underwriters (09/08/2007)
  Whether a circumstance has been notified depends, not on the insured's intention but on the reasonable understanding of the recipient.
• Harcourt v FEF Griffin (27/06/2007)
  The High Court ordered the defendants to a personal injury claim to disclose information about the nature and extent of their insurance cover.