Insurance in UK Law

Leading Cases
  • Wood v Capita Insurance Services Ltd
    • Supreme Court
    • 29 March 2017

    It has long been accepted that this is not a literalist exercise focused solely on a parsing of the wording of the particular clause but that the court must consider the contract as a whole and, depending on the nature, formality and quality of drafting of the contract, give more or less weight to elements of the wider context in reaching its view as to that objective meaning.

    But, in striking a balance between the indications given by the language and the implications of the competing constructions the court must consider the quality of drafting of the clause ( Rainy Sky para 26, citing Mance LJ in Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd (No 2) [2001] 2 All ER (Comm) 299 paras 13 and 16); and it must also be alive to the possibility that one side may have agreed to something which with hindsight did not serve his interest: Arnold (paras 20 and 77).

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

  • Hardy v Motor Insurers' Bureau
    • Court of Appeal
    • 11 May 1964

    It is based on the broad rule of public policy that no person oan claim indemnity or reparation for his own wilful and culpable crime. He is under a disability precluding him from imposing a claim.

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

    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 April 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.

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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
  • Form N251
    • 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 ... ...
  • Defendant only 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.
    ... ... A copy of this form has been sent to your insurer, the claimant’s date of ... birth and national insurance number has been omitted ... Before filling in this form you are encouraged to seek independent legal advice ... Items marked with ( ) are optional ... ...
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