Insurance in UK Law

Leading Cases
  • Phoenix General Insurance Company of Greece S.A. v Halvanon Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 09 Octubre 1986

    The statutory prohibitions are designed to protect the insured by seeking to ensure that undesirable persons are not authorised to carry on insurance business and that authorised insurers remain solvent. Good public policy and common sense therefore require that contracts of insurance, even if made by unauthorised insurers, should not be invalidated.

  • Samuel (P.) & Company Ltd v Dumas
    • House of Lords
    • 25 Febrero 1924

    It may well be that, when two persons are jointly insured and their interests are inseparably connected so that a loss or gain necessarily affects them both, the misconduct of one is sufficient to contaminate the whole insurance ( Phillips on Marine Insurance, vol.

  • Post Office v Norwich Union Fire Insurance Society Ltd
    • Court of Appeal (Civil Division)
    • 18 Enero 1967

    It seems to me that the insured only acquires a right to sue for the money when his liability to the injured person has been established so as to give rise to a right of indemnity. His liability to the injured person must be ascertained and determined to exist, either by judgment of the Court or by an award in an arbitration or by agreement. Until thatis done, the right to an indemnity does not arise.

    Under the section it is clear to me that the injured person cannot sue the Insurance Company except in such circumstances as the insured himself could have sued the Insurance Company. The insured could only have sued for an indemnity when his liability to the third person was established and the amount of the loss ascertained. In some circumstances the insured might sue earlier for a declaration, e.g. if the insured company were repudiating the policy for some reason.

    It is quiteunheard of in practice for any assured to sue his insurers in a money claim when the actual loss against which he wishes to be indemnified has not been ascertained, I have never heard of such an action and there is nothing in law that makes such an action possible.

  • Schiffahrtsgesellschaft Detlef Von Appen GmbH v Wiener Allianz Versicherungs AG
    • Court of Appeal (Civil Division)
    • 16 Abril 1997

    These authorities confirm that the rights which the Insurance Company has acquired are rights which are subject to the arbitration clause. Likewise, the Insurance Company is not entitled to assert its claim inconsistently with the terms of the contract. One of the terms of the contract is that, in the event of dispute, the claim must be referred to arbitration. The Insurance Company is not entitled to enforce its right without also recognising the obligation to arbitrate.

  • Insurance Company of Africa v Scor (UK) Reinsurance Company Ltd
    • Court of Appeal (Civil Division)
    • 22 Noviembre 1984

    In my judgment, the effect of a clause binding reinsurers to follow settlements of the insurers, is that the reinsurers agree to indemnify insurers in the event that they settle a claim by their assured, i.e. when they dispose, or bind themselves to dispose, of a claim, whether by reason of admission or compromise, provided that the claim so recognised by them falls within the risks covered by the policy of reinsurance as a matter of law, and provided also that in settling the claim the insurers have acted honestly and have taken all proper and businesslike steps in making the settlement.

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Legislation
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Books & Journal Articles
  • Unsafe insurance
    • No. 24-4, October 2017
    • Journal of Financial Crime
    • 643-655
    Purpose: The purpose of this paper is to study life-loss risk in some life insurance policies and propose solution to the problem found. Design/methodology/approach: The paper analyzes the expecte...
  • INSURANCE LIBRARIES
    • No. 3-4, January 1948
    • Journal of Documentation
    • 232-249
    A primitive form of marine insurance existed in very early times in what are known as contracts of bottomry or respondentia. This was an arrangement by which the owners of ships borrowed money at a...
  • Insurance Fraud
    • No. 3-2, March 1995
    • Journal of Financial Crime
    • 168-169
    There is no doubt that the cost of fraud against insurers is growing, recent estimates by the Association of British Insurers suggest that as much as £2m is lost every day to fraudsters. Fraud occu...
  • Insurance
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 1399-1432
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Law Firm Commentaries
  • UK: Corporate Insurance Newsletter
    • LexBlog United Kingdom
    The Hogan Lovells’ London Corporate Insurance Newsletter.
  • UK: Corporate Insurance Newsletter
    • LexBlog United Kingdom
    The Hogan Lovells’ Corporate Insurance Newsletter for February has been published. This provides a round-up of UK, EU and international regulatory developments relevant to UK based insurance market...
  • Subrogation, co-insurance and CAR insurance policies
    • LexBlog United Kingdom
    This United Kingdom judgment dealt with the issue of co-insurance under project construction all-risk policies, and the extent of cover when facing a subrogated claim from the project insurers. It ...
  • Subrogation, co-insurance and CAR insurance policies
    • LexBlog United Kingdom
    This United Kingdom judgment dealt with the issue of co-insurance under project construction all-risk policies, and the extent of cover when facing a subrogated claim from the project insurers. It ...
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Forms
  • Give notice of funding of a case or claim
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ...Notice of funding of ... case or claim ... Notice of funding by means of a conditional fee ... agreement, insurance policy or undertaking given by ... a prescribed body should be given to the court and all ... other parties to the case: ... • on commencement of ... ...
  • Annex E - Financial circumstances
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... 2. National/Federal tax ... 3. State/Provincial tax ... 4. Ci t y /Local tax ... 5. Insurance pr e m i u m s ... 6. Mandato r y pension ... contributions ... 7. Union/professional dues ... 8. Other ... ...
  • Claim notification
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... RTA1 - Claim notification form (04.13) ... Section A — Claimant’s details ... Is this a child claim? ... National Insurance number ... Claimant’s name ... If the claimant does not have a National Insurance ... number, please explain why ... Occupation ... Claimant’s ... ...
  • Claim notification - Low value personal injury claims in employers' liability - accident only (£1,000 - £25,000)
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... Reference number ... EL1 Claim notification form (04.13) ... Section A — Claimant’s details ... Is this a child claim? ... National Insurance number ... Claimant’s name ... If the claimant does not have a National Insurance ... number, please explain why ... Occupation ... Date of ... ...
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