Searching Content indexed under Reinsurance by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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The Potential Impact Of Hurricane Sandy On Insurers And Reinsurers
Just as reinsurers were heading towards the end of a relatively benign hurricane season, Hurricane Sandy, which has already tragically claimed at least 13 lives in the US in addition to 66 lives in the Caribbean, has brought much of the US East Coast to a virtual standstill.
United States
5 Nov 2012
Facultative Reinsurance - Jurisdiction And The Nature Of The Relationship
Parties involved in the placement of facultative reinsurance of overseas risks into the London Market will be interested in the outcome of a recent appeal on two levels.
24 Oct 2012
Solicitors PI: Recoverability Of Loss And Application Of SAAMCO Principles
The Court of Appeal has recently considered recoverability of loss and the application of the principles set out by the House of Lords in South Australia Asset Management Corporation v York Montague Ltd ("SAAMCO") in the context of a claim against solicitors.
11 Apr 2011
Ukrainian Insurance Companies To Re-Insure In Non-WTO Countries
On 15 March 2011 the Parliament of Ukraine introduced amendments to Article 2 of the Law of Ukraine "On Insurance" (the "Law").
22 Mar 2011
Solicitors' PI and ATE Insurance: A Cautionary Tale
A recent decision in the Commercial Court is the latest chapter in the fallout from the "miners’ claims" concerning wrongful deductions made from compensation awarded to them.
13 Dec 2010
Commission Opens Formal Investigation Into Protection & Indemnity Clubs
The European Commission has opened a formal investigation of its own initiative into whether certain provisions accompanying claim-sharing and joint-reinsurance agreements in the marine insurance sector infringe the competition rules.
2 Sep 2010
Solicitors PI: Risks Facing Solicitors Following Suspension of Home Information Packs
Since their introduction in 2007, Home Information Packs (HIPs) have provided a constant source of controversy and debate and it was therefore perhaps not surprising when the new Coalition Government decided to suspend the requirement for HIPs.
9 Aug 2010
Commercial Court Upholds Arbitration Award in Favour of Market Settlements
The recent decision of the Commercial Court in IRB Brazil Resseguros SA v CX Reinsurance Company Ltd [2010] EWHC 974 provides useful guidance for reinsureds and reinsurers on the extent to which market settlements of underlying disputes will be upheld when shares of those settlements are presented to reinsurers.
7 Jun 2010
Insurance: Equitas Victory In Landmark Decision: Use Of Actuarial Model In LMX Dispute
A UK High Court Judge has ruled that Equitas, (Berkshire Hathaway’s run-off vehicle), may recover reinsurance losses based on modelled calculations of the LMX Brandywine spiral, setting an important legal precedent.
12 Nov 2009
Damages Awarded To Trader Following Fraudulent Broker Representations
Given the financial pressures of the economic downturn and the uncovering of Ponzi schemes such as Madoff, investors and traders have increasingly sought to claim for unexpected levels of losses to investment funds.
15 Jul 2009
Insurance: Names Relieved Of Further Liabilities For 1992 And Prior Non-Life Business
The High Court recently approved the Part VII transfer to Equitas of all 1992 and prior non-life liabilities that were underwritten by Lloyd's Names.
15 Jul 2009
Disclosure Of Details Of ATE Insurance Cover In Litigation
In a recent decision, the Technology and Construction Court ruled that a defendant was entitled to have access to the details of a group of claimants' After The Event (ATE) insurance policy.
1 Jun 2009
Insurance And Reinsurance: Are Insurers Liable For Deliberately Inflicted Loss?
What happens when an insured deliberately causes the very event insured against under an insurance policy?
16 Mar 2009
Avoidance Of Policies For Misrepresentation By Brokers
In a recent decision, the Court of Appeal held that misrepresentations as to the intention of the reinsured, made by the broker and unknown to the reinsured, nevertheless entitled the reinsurer to avoid the policy.
19 Nov 2008
Reinsurance: Strict Interpretation Of Claims Co-operation Clause
The recent decision in Lexington v Multinacional, on a preliminary issues hearing, reaffirms the importance that should be placed on claims co-operation clauses in insurance/reinsurance policies.
26 Jun 2008
Reinsurance: Follow The Settlements
Last week’s Court of Appeal decision in Wasa International Insurance-v-Lexington Insurance Company may represent a shift in approach of the English judiciary towards attaching greater weight to the commercial intentions of the parties than to a strict interpretation of the language of a reinsurance contract.
10 Mar 2008
Reinstatement Under Physical Damage Policy: Implications For Insurers
Under the fire coverage provisions of a buildings insurance policy an insurer is likely to have the right to reinstate instead of paying a money indemnity.
28 Jan 2008
Aviation Reinsurance: Jurisdiction And Binding Settlements
In a recent case the Court of Appeal considered the requirements for a settlement to be binding. The case demonstrates some of the real practical difficulties that can be encountered by London market reinsurers in cross-jurisdictional aviation insurance claims where the original policy and reinsurance contract are both subject to foreign law and jurisdiction.
25 Jan 2008
State Liability On Failure To Implement An EC Directive
The Court of Appeal has recently considered the liability of EU Member States to compensate individuals where the State has failed to implement a Directive into national law.
21 Dec 2007
Reinsurance: Claims Co-Operation Clauses
The recent Court of Appeal decision in AIG Europe v Faraday focused on the interpretation of loss and knowledge in Claims Co-operation Clauses (CCC). The main purpose of a CCC is to ensure that reinsurers are told about matters that may affect them as soon as possible – this decision supports that purpose.
4 Dec 2007
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