- May 24, 2017
Insurers no longer have time on their side to pay claims: part 2/2: what does the new law mean for insureds, brokers and insurers?
The new implied term to pay valid insurance claims within a reasonable time represents a significant change in insurance law, which is likely to have a real impact on the manner in which claims are handled by all parties involved.
- May 23, 2017
Insurers no longer have time on their side to pay claims: part 1/2: what has changed?
From 4 May 2017 insurers have been under a duty to pay valid insurance claims within a reasonable time. If they fail to comply, they may be liable to pay damages to an insured who has suffered additional losses as a result of the delay in payment. This obligation only applies to insurance and reinsurance … Continue reading Insurers no longer have time on their side to pay claims: part 1/2: what has changed? →
- May 19, 2016
Practical Law’s breakfast briefing: Insurance Act 2015: minimising the risk of disputes
On 18 May 2016, Practical Law Dispute Resolution hosted an insurance breakfast briefing, Insurance Act 2015: minimising the risk of disputes. The speakers were Tony Dempster, partner in Herbert Smith Freehills’ insurance and reinsurance disputes group, and Sarah Irons, professional support lawyer at Herbert Smith Freehills.
- August 13, 2015
New and extended gateways for service out of the jurisdiction from 1 October 2015
Practitioners should take note that from 1 October 2015, there will be additional grounds on which they may serve defendants domiciled outside Europe, subject to the court’s permission. The making document published as part of the 81st update to the CPR introduces new jurisdictional gateways and amends some of the existing jurisdictional gateways in paragraph … Continue reading New and extended gateways for service out of the jurisdiction from 1 October 2015 →
- July 9, 2015
The long-awaited Third Parties (Rights Against Insurers) Act 2010 will finally come into force this year
The Insurance Act 2015 includes consequential amendments to the Third Parties (Rights Against Insurers) Act 2010 that will enable the 2010 Act to finally come into force by autumn 2015. In this blog, I take a look at some of the more significant changes introduced by the 2010 Act, which aim to simplify the cumbersome … Continue reading The long-awaited Third Parties (Rights Against Insurers) Act 2010 will finally come into force this year →
- May 21, 2015
Spotlight on the rule against penalties
Exciting times for commercial lawyers advising on liquidated damages clauses. The Supreme Court is to consider the rule against penalties for the first time since Lord Dunedin did so, one hundred years ago, in Dunlop Pneumatic Tyre v New Garage Motor. Due to the way in which the rule has developed over the years, contractual parties … Continue reading Spotlight on the rule against penalties →