A practitioners' text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is aimed at those involved in the application of the law on a daily basis, whether as solicitors, barristers or insurance claims handlers. Where the law is clear, it is set out concisely; the text suggests what the law should be, rather than what it is, only where the law is uncertain, or there appears to be a gap. Discussion of the development of the law is included only where necessary to understand the current position; old (particularly pre-1865) authorities are referred to only rarely, and only where they are still relied on as authoritative statements of fundamental principles. The new edition covers recent decisions of the Supreme Court and Privy Council, including: - AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses; Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The 'B Atlantic' [2018] UKSC 26 – construction of insurance contracts/exclusion clauses; Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses; and UK Insurance Ltd v R&S Pilling ([2017] EWCA Civ 259: judgment to be handed down by the Supreme Court on 27 March 2019) – construction of insurance contracts/meaning of 'use' of a vehicle in domestic and EU legislation on compulsory motor insurance. and also those handed down by the Court of Appeal, including: - Euro Pools plc v Royal and Sun Alliance Insurance plc ([2018] EWHC 46 (Comm):judgment of the Court of Appeal awaited following hearing in January 2019) – construction and application of notification clauses in professional indemnity insurance; Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 - construction insurance contracts/aggregation clauses; Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – application of insurance claims conditions/estoppel based on 'duty to speak'; and XYZ v Travelers Insurance Co Ltd [2018] EWCA Civ 1099 – costs against liability insurers as non-parties EU law and domestic law derived from EU law remains relevant, and will do for the foreseeable future, as new legislation implementing Brexit will not be retrospective.
Now in its Fifth Edition, Insurance Claims by Alison Padfield QC is a practitioner focused text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is an indispensable resource for those involved in the daily application of the law, whether as solicitors, barristers or insurance claims handlers. With significant developments in insurance law and a multitude of cases since the Fourth Edition, the new Fifth Edition: - Covers cases on the Insurance Act 2015, the Third Parties (Rights Against Insurers) Act 2010, and the Consumer Insurance (Disclosure and Representations) Act 2012 - Examines recent decisions of the Supreme Court, including The Financial Conduct Authority v Arch Insurance (UK) Ltd (the 'FCA Test Case') [2021] UKSC 1, and Privy Council, and also those handed down by the Court of Appeal - Is fully updated with coverage of all significant recent decisions - Covers claims against insurers and insurance brokers - Explains the meaning of terms and concepts in plain English, making it accessible to lawyers and non-lawyers alike Cases in the Supreme Court and Privy Council added since the last edition include: - The FCA Business Interruption Insurance Test Case [2021] UKSC 1 – construction of insurance contracts, causation including proximate cause & business interruption insurance - Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 – principles governing recusal of arbitrators where multiple arbitrations with same or overlapping subject matter - Aspen Underwriting Ltd v Credit Europe Bank NV (The Atlantik Confidence) [2020] UKSC 11 – jurisdiction under Brussels Regulation (Recast) - Travelers Insurance Co Ltd v XYZ [2019] UKSC 48 – non-party costs orders against liability insurersPerry v Raleys Solicitors [2019] UKSC 5 – professional negligence damages - Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The B Atlantic [2018] UKSC 26 – construction of insurance contracts & exclusion clauses - Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses - Gard Marine & Energy Ltd v China National Chartering Co Ltd [2017] UKSC 35 – waiver of rights of subrogation - AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses - Sun Alliance (Bahamas) Ltd v Scandi Enterprises Ltd [2017] UKPC 10 – construction of contractors' all risks policy - Impact Funding Solutions Ltd v Barrington Services Ltd [2016] UKSC 57 – construction of insurance contracts & scope of cover/exclusion clauses Significant Court of Appeal decisions added for this new edition include: - Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 – reinstatement/betterment in property damage insurance - Manchikalapati v Zurich Insurance Plc [2019] EWCA Civ 2163 - construction of building guarantee insurance - Euro Pools plc v Royal & Sun Alliance plc [2019] EWCA Civ 808 – notification of claims in professional indemnity insurance - Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 – reinsurance of 'Fairchild enclave' employers' liability claims - Allianz Insurance Plc v Tonicstar Ltd [2018] EWCA Civ 434 – qualification of arbitrators - Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 – aggregation clauses - Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – insurance claims conditions and 'duty to speak' estoppel - AXA Versicherung Ag v Arab Insurance Group [2017] EWCA Civ 96 – pleading & proving inducement - W R Berkley Insurance (Europe) Ltd v Teal Assurance Co Ltd (No 2) [2017] EWCA Civ 25 – liability insurance & ascertainment of loss - Zurich Insurance plc v Maccaferri [2016] EWCA Civ 1302 – notification of claims A wealth of Commercial Court and Technology and Construction Court decisions are also covered, along with selected decisions from other jurisdictions including Scotland, Australia and New Zealand which are likely to be of interest to practitioners in England and Wales. Written by Alison Padfield QC, an authoritative author with extensive experience in insurance law, the new Fifth Edition will appeal to insurance lawyers, both solicitors and barristers in practice and in-house, insurance professionals, eg claims handlers and brokers, and insurance law students.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.