header-logo header-logo

19 September 2014
Issue: 7622 / Categories: Case law , Law digest , In Court
printer mail-detail

Insurance—Reinsurance

Amlin Corporate Member Ltd and others v Oriental Assurance Corporation [2014] EWCA Civ 1135, [2014] All ER (D) 54 (Aug)

Following the loss of a vessel and its cargo during a typhoon in the Philippines, the claimant reinsurers sought negative declarations regarding the construction of a “typhoon warranty” in the reinsurance policy between them and the defendant insurer of the vessel. The judge allowed the application due to breaches of the terms of the warranty with the consequence that the claimants were not liable under the terms of the policy. The Court of Appeal, Civil Division, dismissed the defendant’s appeal, finding that the judge had not erred in his construction of the warranty, nor had he erred in his conclusion, on the evidence, as to the route that the vessel’s master had intended to take in breach of the warranty.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll