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News & insights on Insurance

Insights / Decennial Liability in the UAE

05-10-2020 / Insurance

At its core, decennial liability is a form of strict liability imposed on architects, engineers and contractors in the case of total or partial collapse of a building or structure or defects found in the building or structure that threaten the structural integrity of the building.

Decennial Liability in the UAE

Insights / The Insurance and Reinsurance Law Review Eighth Edition

16-06-2020 / Insurance

We’re pleased to share with you the eighth edition of The Insurance and Reinsurance Law Review. Ince is a member of The Law Reviews (TLR) leading panel of contributors and the team this year led by Peter Rogan as the Editor, contributed to the following topics:

The Insurance and Reinsurance Law Review Eighth Edition

Insights / Chapter 15 - England and Wales

16-06-2020 / Insurance

The UK insurance and reinsurance industry is the largest in Europe and the fourth-largest in the world.

Chapter 15 - England and Wales

Insights / Chapter 3 - Fraud Insurance Claims: Where are we now?

16-06-2020 / Insurance

Dishonesty in general, and fraudulent claims in particular, cost the insurance market considerable amounts each year. The legal consequences of dishonesty are not always the same, however, and will depend on a number of factors, including how it manifests itself and the point in the process at which it occurs.

Chapter 3 - Fraud Insurance Claims: Where are we now?

Insights / Chapter 1 - Insurtech and Artificial Intelligence

16-06-2020 / Insurance

The rapid development of converging technologies is bringing about fundamental changes to the insurance industry. In the long term, organisations that are slow to embrace these new technologies will struggle to compete and to retain their place in the market.

Chapter 1 - Insurtech and Artificial Intelligence

Insights / Chapter 2 - Cyber Insurance

16-06-2020 / Insurance

As the use of cloud-based computing, electronic platforms and smart devices continues to increase, it goes without saying that businesses have had to adapt quickly to technological advances and the corollary demands of their customers.

Chapter 2 - Cyber Insurance

Insights / Chapter 17 - Germany

16-06-2020 / Insurance

Approximately 914 foreign insurers are underwriting direct risks on the German market, either through a branch or, for the majority, by offering services from their foreign places of business.

Chapter 17 - Germany

Insights / Chapter 18 - Greece

16-06-2020 / Insurance

The insurance market experiences constant change because of its interdependence with the economy as a whole.

Chapter 18 - Greece

News / UAE chapter of insurance and reinsurance in the International Comparative Legal Guide 2020

06-04-2020 / Insurance

We are pleased to announce that members of the Dubai office’s insurance team recently contributed to the UAE chapter of insurance and reinsurance in the International Comparative Legal Guide 2020.

 UAE chapter of insurance and reinsurance in the International Comparative Legal Guide 2020

News / Coronavirus advice: Insurance

05-03-2020 / Insurance

Whilst many remain sceptical about how promptly COVID-19 was first reported, the World Health Organisation says that the reporting at the end of December 2019 allowed many countries to take early steps to prepare for further cases of COVID-19 and to minimise its spread. Notwithstanding the position taken by the World Health Organisation and the initial containment within China, the speed at which COVID-19 has spread, now to over 70 other countries and at a rate faster than the more deadly MERS-CoV virus, has suprised many. The rate of spread has led to significant disruption to commerce and supply chains and this will necessarily impact retail and commercial insurances. We touch on some of the commercial lines of insurance likely to be affected in this note.

Coronavirus advice: Insurance

News / War Risk Underwriters defeat “most spectacular fraud in shipping history”

09-10-2019 / Insurance, Maritime

Suez Fortune Investments Ltd & Another v. Talbot Underwriting Ltd and Others (Brillante Virtuoso) [2019] EWHC 2599 (Comm)

War Risk Underwriters defeat “most spectacular fraud in shipping history”

News / Who Will Guard the Guards? Supreme Court Determines the Rights of Non-Parties to Documents Used in Court Proceedings

14-08-2019 / Insurance

Cape Intermediate Holdings Ltd v Dring [2018] EWCA Civ 1795 The Supreme Court has clarified the extent of a non-party’s right to request copies of documents filed with the court in a case of importance to all litigants concerned about the confidentiality of their documents.

Who Will Guard the Guards? Supreme Court Determines the Rights of Non-Parties to Documents Used in Court Proceedings

News / Insurers at increasing risk of non-party costs orders

24-07-2019 / Insurance

Various Claimants v Giambrone & AIG [2019] EWHC 34 (QB)

Insurers at increasing risk of non-party costs orders

News / Ince expands presence in historic Lloyd’s building

22-07-2019 / Insurance

We are pleased to announce that our insurance practice is moving from Aldgate Tower to the Lloyd’s building in the heart of the London insurance market.

Ince expands presence in historic Lloyd’s building

News / Insurance Blog round-up June 2019

10-07-2019 / Insurance

We are pleased to present our Insurance Blog round-up for June 2019.

Insurance Blog round-up June 2019

News / Committal proceedings in public interest for potentially dishonest EL claimants

09-07-2019 / Insurance

Zurich Insurance Plc v David Romaine [2019] EWCA Civ 851 This Court of Appeal case considered the correct approach to the grant of permission for the bringing of committal proceedings against a person alleged to have made false statements in a personal injury claim. In doing so, the Court of Appeal overturned the lower Court’s decision, holding that the judge’s approach had been flawed and that the public interest was clearly in favour of granting permission for committal proceedings to be brought.

Committal proceedings in public interest for potentially dishonest EL claimants

News / Committal proceedings in public interest for potentially dishonest EL claimants

09-07-2019 / Insurance

Zurich Insurance Plc v David Romaine 2019 EWCA Civ 851 This Court of Appeal case considered the correct approach to the grant of permission for the bringing of committal proceedings against a person alleged to have made false statements in a personal injury claim In doing so, the Court of Appeal overturned the lower Court's decision, holding that the judge's approach had been flawed and that the public interest was clearly in favour of granting permission for committal proceedings to be brought

Committal proceedings in public interest for potentially dishonest EL claimants

News / Claims notifications vs crystal ball gazing – the Court of Appeal’s recent Euro Pools decision

01-07-2019 / Insurance

The Court of Appeal has overturned a first instance decision in the case of Euro Pools PLC (in administration) v Royal & Sun Alliance PLC. This case deals with the notification of circumstances under a claims made policy where insured and insurer are asserting it fell within different policy years and what degree of awareness an insured must have in relation to the circumstances of which it is notifying insurers.

Claims notifications vs crystal ball gazing – the Court of Appeal’s recent Euro Pools decision

News / Claims notifications vs crystal ball gazing the Court of Appeal's recent Euro Pools decision

01-07-2019 / Insurance

The Court of Appeal has overturned a first instance decision in the case of Euro Pools PLC (in administration) v Royal Sun Alliance PLC This case deals with the notification of circumstances under a claims made policy where insured and insurer are asserting it fell within different policy years and what degree of awareness an insured must have in relation to the circumstances of which it is notifying insurers

Claims notifications vs crystal ball gazing  the Court of Appeal's recent Euro Pools decision

News / Supreme Court clarifies the costs of repair which count towards a Constructive Total Loss in The Renos

17-06-2019 / Insurance, Maritime

Sveriges Angfartygs Assurans Forening (The Swedish Club) and others (Appellants) v Connect Shipping Inc and another (Respondents) 2019 UKSC 29In a decision which partially overturns the findings of the courts below, the Supreme Court has last week handed down its judgment in a dispute between shipowners and insurers over whether the MV Renos was a constructive total loss (CTL)

Supreme Court clarifies the costs of repair which count towards a Constructive Total Loss in The Renos

News / Iran sanctions update - June 2019

14-06-2019 / Commodities & Trade, Insurance

Iran sanctions - Escalating tensions

Iran sanctions update - June 2019

News / The Creola - Malicious acts, Piracy and Perils of the Seas examined

03-06-2019 / Insurance, Maritime

A yacht owner has recovered from her insurer for loss and damage flowing from the grounding and subsequent looting of her yacht in a recent decision of the London Circuit Commercial Court (Linda McKeever v Northernreef Insurance Co SA)

The Creola - Malicious acts, Piracy and Perils of the Seas examined

News / SPECIAL EDITION Insurance E-Brief

17-05-2019 / Insurance

We're pleased to share with you the seventh edition of The Insurance and Reinsurance Law Review

SPECIAL EDITION Insurance E-Brief

News / SPECIAL EDITION: Insurance E-Brief

17-05-2019 / Insurance

We’re pleased to share with you the seventh edition of The Insurance and Reinsurance Law Review.

SPECIAL EDITION: Insurance E-Brief

News / Chapter 3 - Fraud Insurance Claims Where Are We Now

16-05-2019 / Insurance

Dishonesty in general, and fraudulent claims in particular, cost the insurance market considerable amounts each year The legal consequences of dishonesty are not always the same, however, and will depend on a number of factors, including how it manifests itself and the point in the process at which it occurs

Chapter 3 - Fraud Insurance Claims Where Are We Now

News / Chapter 2 - Cyber Insurance

16-05-2019 / Insurance

As the use of cloud-based computing, electronic platforms and smart devices continues to increase, it goes without saying that businesses have had to adapt quickly to technological advances and the corollary demands of their customers

Chapter 2 - Cyber Insurance

News / Chapter 1 - Artificial Intelligence

16-05-2019 / Insurance

The rapid development of artificial intelligence(AI) is bringing about fundamental changes to the insurance industry In the long term, organisations that are slow to embrace this new technology will struggle to compete and to retain their place in the market.

Chapter 1 - Artificial Intelligence

News / Chapter 17 - Greece insurance

16-05-2019 / Insurance

The insurance market experiences constant change because of its interdependence with the economy as a whole. The Greek insurance market continues market continues to be under pressure (as is the rest of the Greek economy), with its main characteristic being a significant and continuous drop in premium production, especially in the car insurance sector.

Chapter 17 - Greece insurance

News / Chapter 14 - England and Wales Insurance

16-05-2019 / Insurance

The UK insurance and reinsurance industry is the largest in Europe and the fourth-largest in the world. Commercial insurance business in the UK is dominated by the ‘London Market’, which today is the world’s leading market for internationally traded insurance and reinsurance.

Chapter 14 - England and Wales Insurance

News / Chapter 16 - Germany Insurance

16-05-2019 / Insurance

Approximately 909 foreign insurers are underwriting direct risks on the German market, either through a branch or, for the majority, by offering services from their foreign places of business.

Chapter 16 - Germany Insurance

News / Victory for Reinsurers in Court of Appeal Spiking Case

18-04-2019 / Insurance

Equitas Insurance Limited v Municipal Mutual Insurance Limited 2019 EWCA Civ 718

Victory for Reinsurers in Court of Appeal Spiking Case

News / Vedanta to be sued by Zambian claimants in English Courts

10-04-2019 / Insurance

The Supreme Court today handed down the judgment in Vedanta Resources plc and another v Lungowe and others 2019 UKSC 20 This judgment is of importance to insurers who are underwriting the liabilities of large multinational companies, particularly in the mining industry, since it appears to open the door to claimants bringing proceedings in the English courts, with little to no connection to the jurisdiction

Vedanta to be sued by Zambian claimants in English Courts

News / BaFin increases insurance supervisory requirements for Insurance Undertakings

09-04-2019 / Insurance

The German insurance regulator BaFin recently published a regulatory amendment, developed in coordination with the German Federal Office for Information Security (BSI), on the so-called critical infrastructures in the finance and insurance sector' (KRITIS) nbspThis amendment significantly increases the supervisory requirements on Insurance Undertakings (VAIT) to ensure adequate IT security

BaFin increases insurance supervisory requirements for Insurance Undertakings

News / What constitutes “use” of a vehicle and where must it be used for the purpose of the Road Traffic Act 1988?

03-04-2019 / Insurance

R & S Pilling t/a Phoenix Engineering (Respondent) v UK Insurance Ltd (Appellant) [2019] UKSC 16

What constitutes “use” of a vehicle and where must it be used for the purpose of the Road Traffic Act 1988?

News / Ince & Co present at 'Cyber Risk Insurance' event

27-03-2019 / Insurance

Today, Union Insurance hosted a “Cyber Risk Insurance” seminar with over 150 attendees from a wide variety of industries.

Ince & Co present at 'Cyber Risk Insurance' event

News / The Supreme Court rules on causation in professional negligence case

13-03-2019 / Insurance

In the recent case of Perry (Respondent) v Raleys Solicitors (Appellants) [2019] UKSC 5, the Supreme Court handed down a landmark judgment clarifying the correct approach to causation in professional indemnity cases in which the claimant alleges that because of his advisor’s negligence, he has last the chance to bring a claim against a third party.

The Supreme Court rules on causation in professional negligence case

News / The FCA does not need to fix what isn't broker-n

27-02-2019 / Insurance

In February 2019, The Financial Conduct Authority (FCA) published its final report on its two-year Wholesale Insurance Broker Market Study, which aimed to gauge whether competition in the London brokerage industry works effectively in the interest of its clients The study was launched in response to evidence from practitioners of potential competition concerns, as well as the FCA's own analysis of the market

The FCA does not need to fix what isn't broker-n

News / Unexpected item in the vicarious liability area

07-02-2019 / Insurance

The Court of Appeal's recent decision in WM Morrison Supermarkets Plc v Various Claimants has extended the scope of an employer's vicarious liability for the acts of its employees It has also removed from employers a potential defence to liability under the Data Protection Act 1998 (DPA) The decision is, therefore, important for liability insurers on a number of levels

Unexpected item in the vicarious liability area

News / German Regulator's view on Big Data and Artificial Intelligence (BDAI)

05-02-2019 / Insurance

German Insurance regulator BaFin has published a paper after having commissioned a BDAI study on challenges and implications for the supervision and regulation of financial services The paper and the study are intended to initiate discussions about BDAI in the insurance sector

German Regulator's view on Big Data and Artificial Intelligence (BDAI)

News / A recent jurisdiction result - Common sense over chaos

28-01-2019 / Insurance

The recent Commercial Court judgment of Catlin Syndicate Limited and XL Insurance Company SE v Weyerhaeuser Company 2018 EWHC 3609 (Comm) dealt with the issue of determining what the parties had agreed with regard to dispute resolution Mr Justice Knowles reminded contracting parties that wordings in the context of their own particular facts are key to a court's rulings on the interpretation It was also key to the decision that courts will not come to a conclusion that there are conflicting provisions lightly and it is important that the interpretation works commercially

A recent jurisdiction result - Common sense over chaos

News / Appealing to better judgment

22-01-2019 / Insurance

This Court of Appeal decision, refusing permission to appeal, is a good summary of the hurdles to clear before permission to appeal is granted and highlights the need to make the best case possible on the facts at first instance as the Court of Appeal will be reluctant to revisit findings of fact This judgment is clearly intended to be a reminder in closing, the Court of Appeal noted that complaints about first instance factual findings and expert evaluation are surprisingly commonplace

Appealing to better judgment

News / Germany Discussion on electronic correspondence between insurer and customer

10-01-2019 / Insurance

It is now generally more common for us to communicate electronically This extends to correspondence between insurers and their customers, which is now generally by email Communicating by email is a fast and cost-effective way which may well be used more often by German insurers than sending documents by post

Germany Discussion on electronic correspondence between insurer and customer

News / Dubai Cassation Court upholds insurers' coverage defence to marine claim

08-01-2019 / Insurance, Maritime

In a recent judgment, the Dubai Court of Cassation upheld multiple defences raised by insurers against coverage of a cargo claim following partial loss to a cargo of direct reduced iron.

Dubai Cassation Court upholds insurers' coverage defence to marine claim

News / Dubai Cassation Court upholds insurers’ coverage defence to marine claim

08-01-2019 / Insurance, Maritime

In a recent judgment, the Dubai Court of Cassation upheld multiple defences raised by insurers against coverage of a cargo claim following partial loss to a cargo of direct reduced iron.

Dubai Cassation Court upholds insurers’ coverage defence to marine claim

News / The US-UK Covered Agreement

08-01-2019 / Insurance

The UK has been keen to cement global ties in the run-up to Brexit Following the US and EU's agreement of the Bilateral Agreement between the USA and the EU on Prudential Measures Regarding Insurance and Reinsurance (the US-EU Covered Agreement) on 22 September 2017, a question had remained for UK reinsurers as to where they would stand following Brexit

The US-UK Covered Agreement

News / New arbitration rules for DO insurance cases

03-01-2019 / Insurance

Complex DO cases take many years to reach the end of Court litigation in Germany Less complex DO cases also become caught in lengthy and complex litigation, lasting on average three and a half years in medium-sized companies and between five to seven years in larger enterprises (according to recent statistics) nbspAs time goes by, costs for defense and coverage counsel accumulate, often at a disproportional rate to the issues and money at stake

New arbitration rules for DO insurance cases

News / The Dubai Court considers the nature of the indemnity under a construction insurance contract

19-12-2018 / Insurance

In a recent judgment the UAE local court considered the nature of the indemnity under a Builder’s All Risks policy, namely whether the property under construction was insured on an agreed value basis.

The Dubai Court considers the nature of the indemnity under a construction insurance contract

News / Judge's arbitration ruling saves the golden goose

17-12-2018 / Insurance, Maritime

In a succinct and, at times, colourful judgment in Midnight Marine v Thomas Miller Speciality Underwriting Agency (formerly Osprey)nbsp2018, Males J has roundly rejected an Assuredrsquos oral application to overturn a decision made lsquoon paperrsquo by another judge for permission to appeal an arbitration award

Judge's arbitration ruling saves the golden goose

News / Ince & Co augments marine insurance offering with double partner promotion

01-11-2018 / Insurance

International law firm Ince Co LLP is delighted to announce that it has promoted Carrie Radford and Elle Young to the partnership, effective 1 November 2018 As part of their promotion they will co-lead Ince Co's marine insurance practice in London, an area of specialism for both Carrie and Elle

Ince & Co augments marine insurance offering with double partner promotion

News / Cargo Claim not Trumped by Sanctions

24-10-2018 / Insurance, Maritime

The Commercial Court has handed down its expedited judgment in Mamancochet Mining Limited v Aegis Managing Agency Limited & Ors, holding that underwriters were obliged to pay a claim under a marine cargo insurance policy in respect of a cargo of steel sold to an Iranian national. This was the case notwithstanding the sanctions provision in the policy and President Trump’s decision to withdraw from the international agreement to ease economic sanctions against Iran (commonly referred to as the JCPOA).

Cargo Claim not Trumped by Sanctions

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