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02 June 2015 / Joshua Munro
Issue: 7656 / Categories: Features , Insurance surgery , Insurance / reinsurance
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Insurance surgery: A revolutionary trigger?

Joshua Munro introduces a first for English law: the equitable right of an insurer to compensation from its own insured in respect of the claim on the policy

As if the forthcoming advent of the Insurance Act 2015 were not excitement enough for insurance lawyers, on 20 May 2015 the Supreme Court gave judgment in International Energy Group v Zurich [2015] UKSC 33, [2015] All ER (D) 170 (May), an extremely important decision on employers’ liability policies and annual policies generally.

Facts of the case

The problem faced by the court was as follows. IEG is an energy firm and employer in Guernsey. For a period of over 27 years from 1961 to 1988, IEG's predecessor firm employed Mr Carré and exposed him to asbestos dust. Carré subsequently contracted and died of mesothelioma. 

On 22 September 2008 Carré brought proceedings against IEG claiming that he had sustained mesothelioma consequent on his exposure to asbestos dust throughout his 27-year period of employment with GGLCL. IEG settled his claim on 19 December 2008

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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