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England and Wales Case Law

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Insurance law

AIG Europe (Ireland) Ltd v Faraday Capital Ltd

The Court of Appeal held that AIG knew of a loss that might give rise to a claim, so late notice to reinsurers breached the claims co-operation clause.

  • Claims co-operation clause
  • Notification of loss
  • Directors and officers liability
  • Interpretation of insurance contracts
  • Insurance-law
  • Reinsurance
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Insurance law [2005] EWCA Civ 238

Dornoch Ltd. & Ors v Royal and Sun Alliance Insurance Plc

Dornoch Ltd. & Ors v Royal and Sun Alliance Insurance Plc [2005] EWCA Civ 238 (10 March 2005)

The Court of Appeal held that a reinsurance claims control clause was not triggered by mere allegations of loss, and upheld RSA’s coverage claim.

  • Reinsurance
  • Claims control clauses
  • Notification requirements
  • Directors and officers liability
  • Interpretation of insurance contracts
  • Claims-control-clauses
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Insurance law

Chubb Insurance Company of Europe S.A. v Davies

The Commercial Court allowed prospective claimants to intervene in an insurance dispute and refused a stay of the insurer’s summary judgment application.

  • Directors and officers liability
  • Third party rights
  • Intervention
  • Summary judgment
  • Jurisdiction
  • Insurance-law
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Insurance law [2004] EWHC 2138 (Comm)

Chubb Insurance Company of Europe S.A. v Davies

Chubb Insurance Company of Europe S.A. v Davies [2004] EWHC 2138 (Comm) (23 September 2004)

The Commercial Court allowed three Black parties to intervene in Chubb’s insurance declaratory claim and refused a stay pending Davies’ appeal.

  • Directors and officers liability
  • Intervention by third parties
  • Jurisdiction
  • Summary judgment
  • Stay of proceedings
  • Commercial-court
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Insurance law [2004] EWHC 803 (Comm)

Royal & Sun Alliance Insurance Plc v Dornoch Ltd & Ors

Royal & Sun Alliance Insurance Plc v Dornoch Ltd & Ors [2004] EWHC 803 (Comm) (22 April 2004)

Commercial Court decision on a reinsurance claims control clause involving Coca-Cola D&O class actions. The court held RSA had no actual knowledge of actual loss before 19 January 2001.

  • Reinsurance
  • Claims control clause
  • Condition precedent
  • Notice requirements
  • Directors and officers liability
  • Claims-control-clause
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.