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JOURNALS
Legal Digest
Our Legal Digest is a series of articles written by international law firm Davies Arnold Cooper and published in association with the CII’s general insurance faculties. Each article looks at a recent case of importance to general insurance or an issue of significance to the industry.
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NO 1 (DECEMBER 2007)
Go through green channel for higher damages
Harding v Wealands
House of Lords 5 July 2006
Forum shopping – private international law – attempting to sue in the UK
NO 2 (DECEMBER 2007)
US turns back our huddled masses
The Vioxx litigation
Superior Court of New Jersey 5 October 2006
Forum shopping – attempts to sue in US
NO 3 (DECEMBER 2007)
Lies, damned lies and statistics
General Medical Council v Meadow
Court of Appeal 26 October 2006
Expert witnesses – immunity – disciplinary
NO 4 (DECEMBER 2007)
Are innocent insureds still safe?
Brit Syndicates Ltd and others v Italaudit SpA (in liquidation) (GT Italy) and Grant Thornton International (GTI)
Court of Appeal 6 December 2006
Professional indemnity – composite policies – innocent insureds
NO 5 (DECEMBER 2007)
Brokers' post-placement duty: the final scene
HIH Casualty & General Insurance Ltd v JLT Risk Solutions Ltd
Court of Appeal 12 July 2007
Negligence – duty to take care – duty owed by broker to insurer
NO 6 (DECEMBER 2007)
No more damages for symptomless pleural plaques?
Rothwell v Chemical and Insulating Company and other associated appeals
House of Lords 17 October 2007
Asbestos – pleural plaques – risk of future disease and consequent anxiety – actionable damage
NO 7 (MARCH 2008)
The Civil Justice Council: funding options and proportionate costs
Funding – CJC proposals
NO 8 (MARCH 2008)
Implied terms and intruder alarms
Anders & Kern UK Limited (t/a Anders and Kern Presentation Systems) v CGU Insurance Plc (t/a Norwich Union Insurance)
Court of Appeal 28 November 2007
Breach of intruder alarm condition – implied terms
NO 9 (MARCH 2008)
Notifications: insureds to reveal all
HLB Kidsons v Lloyd's Underwriters
First instance 9 August 2007
Professional indemnity – notification – specificity required
NO 10 (MARCH 2008)
Wilful misconduct under contractors' all risks policy
CA Blackwell (Contracts) Ltd v Gerling Allgemeine Versicherungs-AG
Court of Appeal 16 November 2007
Contractors' all risks – wilful misconduct – defect exclusion
NO 11 (MARCH 2008)
Getting out of cleaning up?
Wasa International Insurance Company Ltd v Lexington Insurance Company
First instance 26 April 2007
Reinsurance – “as original”
NO 12 (MARCH 2008)
Sub-prime losses: a summary and explanation
Emerging exposures – directors and officers'and financial institution implications
NO 13 (MARCH 2008)
Brokers' liability and business interruption
Arbory Group Ltd v West Craven Insurance Services
First instance 13 March 2007
Brokers – business interruption insurances – damages
NO 14 (MARCH 2008)
Defining the business in professional indemnity
Encia Remediation v Canopius Managing Agents
First instance 24 April 2007
Engineers' professional indemnity – coverage dispute
NO 15 (MARCH 2008)
Brokers and Equitas: there's no accounting in haste?
Equitas Ltd and Another v Horace Holman & Co Ltd
First instance 27 April 2007
Brokers – duty to account – court's approach
NO 16 (MARCH 2008)
Companies Act 2006: will the new rules encourage more shareholder activism?
NO 17 (MARCH 2008)
Court upholds statutory defence under Consumer Protection Act
Piper v JRI (Manufacturing) Ltd
Court of Appeal 17 October 2006
Consumer Protection Act – statutory defence
NO 18 (APRIL 2008)
Reservations of rights and late notification
Kosmar Villa Holidays Plc v Trustees of Syndicate 1234
Court of Appeal 29 February 2008
Conditions precedent – reservation of rights – waiver and estoppel
NO 19 (APRIL 2008)
Reinsurers pay to clean up
Wasa International Insurance Company Limited v Lexington Insurance Company
Court of Appeal 29 February 2008
Reinsurance – back-to-back – "as original"
NO 20 (APRIL 2008)
Aggregation of mortgage endowment claims
Standard Life Assurance Limited v Oak Dedicated Limited and others
Commercial Court 13 February 2008
Mortgage endowment mis-selling – aggregation – brokers' duties
NO 21 (APRIL 2008)
Notification under a claims-made policy
Kajima UK Engineering Limited v Underwriter Insurance Company Limited
First Instance (TCC) 25 January 2008
Claims-made policies – notification – circumstances
NO 22 (MAY 2008)
New part 36 rules on offers to settle allow wider review of the facts
Carver v BAA Plc
Court of Appeal 22 April 2008
Injury claims – offers to settle – costs
NO 23 (MAY 2008)
Non-disclosure of a complaint believed to be trivial
Zeller v British Caymanian Insurance Company Ltd (Cayman Islands)
Privy Council (on appeal from the Court of Appeal of the Cayman Islands) 16 January 2008
Health insurance – avoidance – non-disclosure
NO 24 (MAY 2008)
Solicitors' liability for delayed litigation
Hibbert Pownall Newton v Whitehead and McLeish
Court of Appeal 4 April 2008
Professional indemnity – solicitors – assessment of loss
NO 25 (MAY 2008)
Joint names insurance: relief from liability?
Tyco Fire and Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd
Court of Appeal 2 April 2008
Construction – joint names insurance – negligence
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