indemnity insurance policy

1915 results for indemnity insurance policy

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  • Insured Entitled To Indemnity Under Insurance Policy As And When Settlement Monies Were Drawn Down From Escrow Account
  • RSA Insurance Plc v Assicurazoni Generali SpA, Court of Appeal - Queen's Bench Division, May 15, 2018, [2018] EWHC 1237 (QB)

    1. Mr Merritt was employed by Alick Whittle Limited (``the Company''), a painting and decorating company, between the tax year 1975/1976 and the tax year 1985/1986 (``the Relevant Employment Period''). 2. The Company was dissolved in 1996. 3. Royal & Sun Alliance (``RSA'') provided employers' liability insurance (``EL insurance'') to the Company...

    ...(ii) set out the parties' submissions on the question of whether an indemnity in an insurance contract sounds in debt or in damages (Mr Kent QC and Mr Feeny having, as I shall ... under the EL insurance it issued to the Company, that, in accordance with the wording of its policy, it would provide an indemnity to the Company ``against legal liability for damages and claimant's ...

  • Teal Assurance Co Ltd v W R Berkley Insurance Europe Ltd & Anor, Court of Appeal - Commercial Court, April 23, 2015, [2015] EWHC 1000 (Comm)

    1. This is a trial of certain preliminary issues in relation to disputes arising between the claimant (``Teal'') and its defendant reinsurers (the ``Reinsurers''). In essence, the questions concern the time at which, and therefore the order in which, insured losses were suffered for the purpose of a programme of professional indemnity insurance and...

    ... in which, insured losses were suffered for the purpose of a programme of professional indemnity insurance and reinsurance. . 2. For the purpose of these preliminary issues, the parties have ...6. During the relevant period i.e. 1 November 2007 to 1 November 2008 (the ``policy period''), BVC's professional indemnity insurance programme for the policy period comprised of 5 ...

  • Euro Pools Plc v Royal And Sun Alliance Insurance Plc, Court of Appeal - Commercial Court, January 19, 2018, [2018] EWHC 46 (Comm)

    2. The claimant company was founded by Mr David Wyllie. He remains its managing director and sole shareholder. It is now in administration. The claimant specialised in the installation and outfitting of swimming pools. 3. The subject matter of the claim relates principally to mitigation works carried out by the claimant following problems encounter...

    ...Introduction. 1. This is a claim which arises out of two policies of professional indemnity insurance underwritten by the defendant (``RSA'') in favour of the claimant. 2. The claimant ... relevant policies for the purposes of this claim are the professional indemnity insurance policy which the claimant entered into in June 2006 (for the purposes of this judgment referred to as the ...

  • Jetivia SA and another (Appellants) v Bilta (UK) Limited (in liquidation) and others (Respondents)

    ...-based rules of attribution, which is based on public policy - or common sense, rationality and justice, according to the ... with the risks of agents' dishonesty (such as audit and insurance contracts) the law looks to where guilt really lies." . 50. With ... on the ground that the company was not entitled to indemnity under the policy because Browne's dishonesty was attributable to ...

  • Channon (t/a Channon & Co) v Ward (t/a Ward & Associates), Court of Appeal - Civil Division, January 18, 2017, [2017] EWCA Civ 13

    1. This appeal against a decision made by His Honour Judge Cotter QC sitting as a Deputy Judge of the Queen's Bench Division in Exeter on 12 May 2015 arises out of a most unusual case. Elements of it are difficult to understand but explain some unusual features of the way in which the hearing before Judge Cotter was conducted. 2. The Claimant/Ap...

    ... The Defendant/Respondent Mr John Ward was his insurance broker. Since around 1991 Mr Ward had been responsible for ng Mr Channon's professional indemnity insurance cover. In 2009 and 2010 Mr Channon notified Mr Ward, ... have had in place at the relevant time, 2009 to 2010, a policy of insurance on the same terms as the Norwich Union Policy which ...

  • Kajima UK Engineering Ltd v The Underwriter Insurance Company Ltd, Court of Appeal - Technology and Construction Court, January 25, 2008, [2008] CILL 2567,[2008] Lloyd's Rep IR 391,[2008] 1 All ER (Comm) 855,[2008] EWHC 83 (TCC)

    1. Kajima (UK) Engineering Limited (`Kajima') was a main contractor employed by the Joseph Rowntree Foundation (`JRF') to design and build a block of flats at 45, North Street, Leeds. The building contract was dated 1 October 1999. The development was known as ``Caspar II''. It involved the relatively novel application of the installation on five s...

    ... Underwriter Insurance Company Limited (`TUIC') was an insurer who provided professional indemnity insurance to Kajima for the period 20 May 2000 and 19 May 2002. The policy was a `claims made' ...

  • Impact Funding Solutions Limited (Respondent) v AIG Europe Insurance Ltd (formerly known as Chartis Insurance (UK) Ltd) (Appellant)

    ...1. This appeal is concerned with the interpretation of a solicitors' professional indemnity insurance policy ("the Policy") written by AIG Europe Ltd ("AIG"). It raises a legal question of ...

  • Ageas (UK) Ltd v Kwik-Fit (GB) Ltd & Anor, Court of Appeal - Queen's Bench Division, July 04, 2014, [2014] EWHC 2178 (QB)

    1. This claim arises out of a share purchase agreement dated 1 July 2010 (``the SPA''), under which the Claimant (``Ageas'') acquired from the First Defendant, Kwik-Fit (GB) Limited (``KFGB''), the entire issued share capital in Kwik-Fit Insurance Services Limited (``KFIS'') for a consideration of £214.75m. Under the SPA, KFGB warranted the truth,

    ... (``KFGB''), the entire issued share capital in Kwik-Fit Insurance Services Limited (``KFIS'') for a consideration of £214.75m. ... as entering into the SPA, Ageas took out a Warranty and Indemnity insurance policy with the Second Defendant (``AIG''), then called ...

  • Karim & Anor v Wemyss, Court of Appeal - Civil Division, January 28, 2016, [2016] EWCA Civ 27

    1. Mr Wemyss (as ``Seller'') sold a solicitor's practice to Mr Karim (as ``Buyer'') on the terms of an agreement (``the SPA'') dated 31 March 2008, with completion taking place on the same day. The practice was carried on by Douglas Wemyss Solicitors LLP. 2. The Purchase Price for the Business and the Assets was defined by clause 3.1 of the SPA as...

    ... also demanded that he should pass the letter on to his indemnity insurers. Mr Wemyss did not in fact report the claim to insurers, ... the Business for any increase in professional indemnity insurance premiums arising as a result of claims made upon the professional indemnity insurance policy of the Business. (The burden of proof as to the reason for the ...

  • HLB Kidsons (A Firm) v Lloyds Underwriters Subscribing to Lloyds Policy No 621/PKID00101 & Ors, Rev 1, Court of Appeal - Commercial Court, August 09, 2007, [2008] Bus LR D28,[2008] 1 All ER (Comm) 769,[2008] Lloyd's Rep IR 237,[2007] EWHC 1951 (Comm)

    1. The Claimant in this case, HLB Kidsons, formerly known as Kidsons Impey (``Kidsons''), was a firm of chartered accountants. Kidsons was a mid-size, national accountancy practice. In 2002 it merged with another such practice, Baker Tilly, the effective date being 1 April 2002. The merged entity took the name Baker Tilly. 2. The 1st to 5th De...

    ... . 2. The 1st to 5th Defendants are Lloyd's underwriters and insurance companies, whom I shall refer to as ``Underwriters''. Underwriters provided Kidsons with nal indemnity insurance cover, on a claims made basis, under a policy incepting on 1 May 2001 for a period of 12 ...

  • WR Berkley Insurance (Europe) Ltd & Ors, Court of Appeal - Civil Division, January 25, 2017, [2017] EWCA Civ 25

    1. This appeal raises a short point as to the proper construction or characterisation of a Payment Deed and associated Escrow Agreement entered into on 15 December 2010 by Black & Veatch Group Limited (``BVGL''), a major engineering group, pursuant to a compromise agreement concluded with one of its customers, Ajman Sewerage (Private) Company Limit...

    ... in which, insured losses were suffered for the purpose of a programme of professional indemnity insurance and reinsurance. During the relevant policy period, 1 November 2007 to 1 November 2008, ...

  • Rathbone Brothers Plc & Anor v Novae Corporate Underwriting Ltd, Court of Appeal - Civil Division, November 14, 2014, [2014] WLR(D) 488,[2014] EWCA Civ 1464

    1. These appeals concern disputes about the construction and effect of the excess layer of a professional indemnity policy issued to Rathbone Brothers plc (``Rathbone plc'') by the members of Lloyd's Syndicate 2007 and other underwriters (``the excess insurers'') for the 2008 year of account. Rathbone plc is a substantial international group whose...

    ... and effect of the excess layer of a professional indemnity policy issued to Rathbone Brothers plc (``Rathbone plc'') by the ... are only liable for the excess after other sources of insurance and indemnity have been exhausted. This includes an indemnity ...

  • Cape Distribution Ltd v Cape Intermediate Holdings Plc, Court of Appeal - Queen's Bench Division, July 19, 2016, [2016] EWHC 1786 (QB)

    1. This judgment follows my earlier judgment dealing with certain preliminary issues which I handed down on 17 May 2016 and whose neutral citation number is [2016] EWHC 1119 (QB) (the `Preliminary Issues Judgment'). In that judgment, which appears on the BAILII website, I set out at [1] to [4], in summary terms, the relevant background and then, at...

    ... right, to recover contribution (as distinct from indemnity) otherwise than under this Act in corresponding circumstances,; ... essence, was that CIH became insured (with CDL) under the Policy as a result of the Endorsement, and so with effect from 25 ... of the Endorsement; and (ii) CIH thereby obtained insurance cover under the Policy in respect of liability to an employee of ...

  • Crowden & Anor v QBE Insurance (Europe) Ltd, Court of Appeal - Commercial Court, October 19, 2017, [2017] EWHC 2597 (Comm)

    1. The Claimants are the trustees of a self-administered pension scheme, the Crowden Executive Pension Scheme, and are the sole beneficiaries thereunder. The Claimants engaged the services of a financial adviser, Target Financial Management Ltd (``Target''), to provide investment advice. The Claimants commenced legal proceedings and obtained judgme...

    ...2. The Defendant (``QBE'') was Target's professional indemnity insurer and had issued a policy of professional liability insurance (no. 011972/01/2009 and dated ...

  • Haberdashers' Aske's Federation Trust Ltd v Lakehouse Contracts Ltd & Ors, Court of Appeal - Technology and Construction Court, March 19, 2018, [2018] EWHC 558 (TCC)

    1. This judgment concerns the proper construction of insurance provisions arising out of project-wide cover for a development that consisted of extension and other works to a school in Lewisham. The school is situated in the London Borough of Lewisham (``Lewisham''). Haberdashers' Aske's Federation Trust Ltd (``Haberdashers'') owns and operates a n...

    ...1. This judgment concerns the proper construction of insurance provisions arising out of project-wide cover for a development ...-defendant CPR, seeking a contribution, alternatively an indemnity, in respect of Lakehouse's liability to the two claimants ... of 12 years from completion of the Main Contract Works a policy of professional indemnity insurance... 6.7 When required to do ...

  • Zurich Insurance PLC UK Branch (Appellant) v International Energy Group Limited (Respondent)

    ... account of the Financial Services Compensation Scheme ("FSCS") available under the Policyholders Protection Act 1975 and the Financial Services and Markets Act 2000 in relation to insolvent ...Other policy wordings were in more developed form, promising for example indemnity in respect of legal liability for sums payable as compensation for bodily injury or disease ...

  • Rathbone Brothers Plc & Anor v Novae Corporate Underwriting & Ors, Court of Appeal - Commercial Court, November 08, 2013, [2013] EWHC 3457 (Comm)

    1. Proceedings have been brought in Jersey against the Second Claimant (PEV), who was for many years a trustee of trusts and settlements established by the late Mr Jack Walker (the industrialist and chairman of Blackburn Rovers PLC) and in particular of the JW 1987 Settlement. 2. PEV, a solicitor since 1971 and, since his move to Jersey in 1984, a...

    ... (together with certain benefits such as private medical insurance) specifically upon the basis that (by clause 3(E)) the sum paid ... entered into with him an Instrument of Release and Indemnity dated 31 July 2003 (``the Indemnity''), whereby, upon terms to ...The policy is a claims made policy and there is no issue before me that ...

  • Cape Distribution Ltd v Cape Intermediate Holdings Plc, Court of Appeal - Queen's Bench Division, May 17, 2016, [2016] EWHC 1119 (QB)

    1. The background to this substantial litigation is that the Claimant (`CDL') was in business producing asbestos-related products at Cowley Bridge Works, Uxbridge, Middlesex. Former employees of CDL subsequently developed and continue to develop asbestos-related illnesses and blame CDL. In many cases CDL has not been able to dispute the validity

    ... assistance of indemnities under an employers' liability policy no. W864304 with Railway Passengers Ltd. (`RPA') first issued in ... rights of subrogation in the name of CDL, seeks an indemnity (alternatively contribution) from CIH under the Civil Liability ... construction should be taken into account: Gan Insurance Co Ltd. v Tai Ping Insurance Co Ltd. (No 2) [2001] 1 All ER ...

  • Persimmon Homes Ltd & Ors v Ove Arup & Partners Ltd & Anor, Court of Appeal - Technology and Construction Court, December 07, 2015, [2015] EWHC 3573 (TCC)

    1. The Claimants (who are collectively known at ``the Consortium'') are developers who bought and developed a large site at Barry Quays, Barry Waterfront, Barry in South Wales. The Defendant [``Arup''] is a well known firm of engineers which was involved over many years with the potential and actual development of the site, advising and providing

    ... We would be prepared to provide a professional indemnity of £5m for each and every event. The liability for any claim in ... ICS v West Bromwich BS [1998] 1 All ER 98, 114-115; Gan Insurance v Tai Ping [2001] CLC 1103 at [16], Chartbrook v Persimmon [2009] ... It is also not apposite for inclusion in a claims-made policy without substantial alteration. None of the authorities cited by ...

  • The Local Government (Indemnities for Members and Officers) (Amendment) Order (Northern Ireland) 2014

    In accordance with Article 33(2) of that Order, the Department has consulted councils and such associations or bodies representative of councils, such associations or bodies representative of officers of councils and such other persons or bodies as it considered appropriate. Citation and commencement 1.  (1)  This Order may be cited as the Loc...

    ...“secure”, in relation to any indemnity provided by means of insurance, includes arranging for, and ... of a criminal offence (if the indemnity or insurance policy would otherwise cover the proceedings leading to that finding or ...

  • Gunn & Ors v Diaz & Ors, Court of Appeal - Queen's Bench Division, February 03, 2017, [2017] EWHC 157 (QB)

    1. This is an application by the sixth defendant (``INS''), to set aside service of the Claim Form and the Particulars of Claim on it out of the jurisdiction, and for a declaration that the English court has no jurisdiction over it. INS is a Costa Rican state-owned insurance entity constituted and organised pursuant to the Costa Rican National Insu...

    ...INS is a Costa Rican state-owned insurance entity constituted and organised pursuant to the Costa Rican ... ``debtor'') does not exercise his right to recover an indemnity under an insurance policy, then, provided that the requirements ...

  • The Cultural Foundation & Anor v Beazley Furlonge Ltd & Anor, Court of Appeal - Commercial Court, May 08, 2018, [2018] EWHC 1083 (Comm)

    1. This judgment follows a trial of ten preliminary issues as ordered by Blair J on 13 July 2017, the formulation of which was amended by consent on 6 February 2018. The case concerns a dispute between insureds, primary and excess insurers concerning certain professional indemnity insurance policies providing cover to a now insolvent architects'

    ...Conclusion on Issue 7 133. (L) ISSUES 8 and 9: INDEMNITY FOR POST AWARD INTEREST 133. Conclusion on Issues 8 and 9 136. ... insurers concerning certain professional indemnity insurance policies providing cover to a now insolvent architects' firm ... against Beazley under, respectively, the primary layer policy written by Beazley for the year 1 May 2009 to 30 April 2010 (the ...

  • The General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules Order of Council 2015

    The General Dental Council has made the General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015 which are set out in the Schedule to this Order, in exercise of powers conferred by sections 26 A(4) , (5) and (6) , and 36 L(4) , (5) and (6) of the Dentists Act 1984(1). In accordance with sections 50 C(

    ...(a) a copy of the policy of insurance, indemnity arrangement or other means of identifying the terms of that policy or ...

  • Henderson v Wilcox & Ors, Court of Appeal - Chancery Division, December 03, 2015, [2015] EWHC 3469 (Ch)

    1. The claimant in this case is Ian Henderson ("Ian"). Ian's mother, Mrs Lillian Henderson, died on 2 April 2013 as a result of injuries sustained in a severe assault on her by Ian on the night of 13 March 2013. Ian was convicted of manslaughter at a trial on 15 September 2014, his plea of guilty to that charge and not guilty to murder having been

    ... 1986 defines the forfeiture rule as "the rule of public policy which in certain circumstances precludes a person who has ...He was sued by Mr. Gray's widow and claimed an indemnity against any damages awarded from an insurance company under a ...