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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll