Insurance in UK Law

Leading Cases
  • 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.

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

    He is under a disability precluding him from imposing a claim. This difference is important, because if the policy of insurance should come, by assignment or otherwise, into the hands of a person who is not affected by the disability, then such a person can enforce the policy according to its terms, see Cleaver v. Mutual Reserve Fund Life Association, 1892, 1 Queen's Bench, p. 147, and Beresford v. Royal Insurance Co., 1938 Appeal Cases at p. 600.

  • 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.

    In these circumstances I think the right to sue for these moneys does not arise until the liability is established and the amount ascertained. If there is an unascertained claim for damages in tort, it cannot be proved in the bankruptcy: nor in the liquidation of the Company. The Insurance Company can fight that action in the name of the wrongdoer. In that way liability can be established and the loss ascertained. Then the injured person can go against the Insurance Company.

    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.

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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 ... ...
  • 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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