Weekly update. A Clyde & Co case on the applicable law of an arbitration agreement in an insurance policy. Sealion Shipping v Valiant

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Weekly update. A Clyde & Co case on the applicable law of an arbitration agreement in an insurance policy. Sealion Shipping v Valiant"

Transcription

1 Insurance and reinsurance 31 January 2012 Weekly update Welcome to the third edition of Clyde & Co s (Re)insurance and litigation caselaw weekly updates for These updates are aimed at keeping you up to speed and informed of the latest developments in caselaw relevant to your practice. Please follow this link for further details of the following recent cases: Contents Sulamerica CIA v Enesa Enghenharia A Clyde & Co case on the applicable law of an arbitration agreement in an insurance policy. Sealion Shipping v Valiant A case on the materiality of allegations of non-disclosure and the meaning of want of due diligence in a marine insurance context. Pacific Basin v Bulkhandling Handymax A decision on the meaning of exposed to acts of piracy in a marine insurance policy. International Energy Group v Zurich A case on recovery of payment from an insurer following the payment of a mesothelioma claim there the Compensation Act did not apply. West Tankers v Allianz The Court of Appeal decides whether a declaratory arbitral award can be enforced under section 66 of the Arbitration Act. Chantiers De L atlantique v Gaztranzport A Clyde & Co case involving an allegation that an arbitration award was obtained by fraud. The merged firm of Clyde & Co and Barlow Lyde & Gilbert

2 Sulamerica CIA v Enesa Enghenharia Applicable law of arbitration agreement in an insurance policy Clyde & Co (Peter Hirst and Richard Butt) for claimants The insurance policy in this case provided that it was governed exclusively by Brazilian law. In the event of a dispute, the parties undertook to seek to resolve the dispute by mediation prior to a reference to arbitration. The arbitration agreement in the policy provided (inter alia) that the seat of the arbitration would be London. Following a dispute between the parties, the insured commenced proceedings in Brazil seeking a declaration that it was not bound to arbitrate the dispute. The insurers obtained an interim anti-suit injunction restraining the insured from pursuing those proceedings. They sought to continue that injunction and Cooke J has now held as follows: (1) It was accepted by the insured that the law governing an arbitration agreement can differ from the law governing the rest of the contract in which it is found. The insured sought to argue that, as the policy was expressly governed by Brazilian law and the parties and the risk were situated in Brazil, the governing law of the arbitration agreement should also be the law of Brazil. That argument was rejected by the judge: it is clear to me that the law with which the agreement to arbitrate has its closest and most real connection is the law of the seat of arbitration, namely the law of England. Accordingly, the fact that there might be an issue as to its validity under Brazilian law was irrelevant since there was no such issue under English law. (2) The insured sought to argue that the right to arbitrate was conditional upon compliance with the mediation clause. That argument was rejected too. The judge held that there was no enforceable obligation to mediate in this case because the clause: (1) did not provide for an unequivocal commitment to engage in mediation (2) did not specify a clear mediation process (whether based on a model put in place by an ADR organisation or otherwise); and (3) did not deal with selection of the mediator. Nor was the clause a condition precedent to arbitration. (3) The arbitration agreement provided for a referral to arbitration where the parties fail to agree as to the amount to be paid under this Policy. Even on a narrow view of the words, a declaration of non-liability would amount to a dispute as to the amount to be paid under the policy, since the insurers were saying that none was due at all. (4) Finally, reference was made to the case of ACE v CMS Energy (see Weekly Update 31/08) and the difficulty of reconciling mandatory arbitration and exclusive English jurisdiction clauses. Cooke J held that the arbitration agreement here was mandatory and recognised that that meant there was very little left of the exclusive jurisdiction clause in favour of the courts of Brazil in the underlying policy. He concluded that The effect is, of course, to give priority to the arbitration clause over the exclusive jurisdiction clause but there is no other way of reconciling the two. Nor did it make any difference that a single judge of the Court of Appeal in Brazil had found that the insureds were not necessarily bound by the arbitration agreement under Brazilian law. Accordingly, the anti-suit injunction was continued. Sealion Shipping v Valiant Materiality of allegations of non-disclosure/ meaning of want of due diligence in marine insurance context Following a motor breakdown, vessel owners sought an indemnity under a Loss of Hire insurance policy (this was separate from the Hull and Marine policy for the vessel but responded in the event of an insured peril under the H&M policy). Insurers raised various arguments and Blair J has now held as follows: (1) Material non-disclosure: One prior hull claim was disclosed to insurers but not another one. The judge held that although it might be good broking practice to disclose such claims: the materiality of the hull incidents is linked to the extent to which they caused loss of hire. It was not material that there had been 10 days loss of hire in 2004 when the excess under the [relevant] 2008 policy was 21 days: The fact is that this was not a particularly long period of offhire, it was nearly four years previous to the placing of the policy with the defendant, it did not result in a claim, and it did not come close to the excess period. Furthermore, when the broker told the underwriter that there was an excellent hull record, that was held to have been a statement of opinion which, since it was made in good faith, was true (see section 20(5) of the Marine Insurance Act which provides that a representation as to a matter of expectation or belief is true if it be made in good faith ). (2) It had been appropriate in this case, where the original underwriter had since left the insurer, for his junior to give evidence of a telephone conversation which the original underwriter had had with the broker.

3 Nevertheless, that evidence had not proven inducement (even assuming that there had been a material nondisclosure). (3) The policy contained a so-called Inchmaree clause, which provided cover for breakdown of machinery so long as this did not result from wear and tear or want of due diligence by the insured. The insured sought to argue that the insurer must prove recklessness, rather than just negligence, by the insured to fall within want of due diligence. The insured s argument was that insurance policies are intended to protect insureds even in the event of their own negligence and the policy cannot grant an indemnity with one hand and take it away with the other. That argument was rejected by the judge. Marine insurance policies are different from property insurance. It is the negligence of specified persons (eg the crew and master) which is covered, and not the negligence of the insured itself. Nevertheless, on the facts, the insurers were unable to prove that the insured had been negligent. (4) Aggregation: The judge held that a practical approach must be taken to causation. The insurers had sought to argue that there had been three separate breakdowns, when substitute motors also failed. However, the judge found that one thing led to another. The insured had reasonably tried to deal with the initial breakdown by installing a substitute motor and when that failed, another motor was installed (which also failed): So, in my view, in principle the whole period counts. Nor could the insurers claim a discount because certain repairs unconnected to the breakdown would have had to be carried out at the same time as the breakdown repairs (they had sought to argue that a certain period of downtime would therefore have occurred anyway). COMMENT: This appears to be quite a generous decision for the insured. In general, prior losses of the type for which insurance is being sought will be material (even if they did not result in a claim under a policy). Similarly, although it can be hard to distinguish between a statement of fact and one of opinion, the representation that there was an excellent hull record could arguably be viewed as a representation of fact (although - and this was not discussed in the judgment - it may be that the judge felt that the use of the term excellent was more of a subjective assessment). Pacific Basin v Bulkhandling Handymax Meaning of exposed to acts of piracy in a marine insurance policy Teare J s decision in this case was reported in Weekly Update 40/11. A term in a charter provided (broadly) that a vessel should not be required to continue to take a route if it appeared in the reasonable judgment of... the Owners that the vessel and her cargo may be, or are likely to be exposed to certain defined War Risks (including piracy). The owners refused to proceed via Suez and the Gulf of Aden on account of a risk from pirates. An arbitral tribunal held that the charterer should bear the extra costs of that decision and the charterer appealed pursuant to section 69 of the Arbitration Act 1996 (ie an appeal on a point of law). Teare J held (inter alia) that the award should be remitted to the arbitrators to determine whether a 1 in 300 chance of being hijacked by pirates was a serious risk of exposure to piracy. However, since that decision, a dispute arose between the parties as to the meaning of exposed to acts of piracy. Did it mean (as the charterer contended) being in contact with pirates or being exposed to acts of piracy having an actual effect on the vessel (including actual and failed attempts by pirates to attack the vessel) or did it mean (as the owners contended) merely being exposed to the risk of piracy. Teare J held (having regard to the rest of the clause and the Oxford English Dictionary) that the phrase exposed to War Risks should properly be construed as referring to a situation which is dangerous...thus the question to be addressed by an owner or master, when ordered to go to a place, is whether there is a real likelihood that the vessel will be exposed to acts of piracy in the sense that the place will be dangerous on account of acts of piracy (thus agreeing with the owners). The charterer also argued that remission to the arbitrators would serve no useful purpose, since the arbitrators could not properly find that there had been a real likelihood that the vessel would be exposed to acts of piracy where the owners case had been that there was about a 1 in 300 chance of hijack. That argument was also rejected by the judge. Whilst a bare possibility is not a real likelihood, the judge did not know how the 1 in 300 figure had been assessed and the outcome of the remission was not inevitable.

4 International Energy Group v Zurich Recovery from insurer following payment of a mesothelioma claim where the Compensation Act does not apply A victim of mesothelioma was employed by the insured for 27 years and exposed to asbestos during the whole of that period (which included a 6 year period during which the insured was covered under an Employers Liability policy with the insurer). The insured settled a claim from the employee. The insurer argued that the insured was entitled only to a proportion of its outlay, corresponding to the proportion which the period for which the insurer was on risk bore to the whole period of the employee s exposure to asbestos. Crucially, in this case, the Compensation Act 2006 did not apply because the insured s liability to the victim was governed by the law of Guernsey. The Compensation Act 2006 reversed the House of Lords decision in Barker v Corus and so that decision still applied in this case. Barker had held (broadly) that an employer was only liable for his proportion of loss where more than one employer had exposed an employee to asbestos. In this case, there had only been one employer, but Cooke J held that that made no difference and so the liability of the insured to [the employee] incurred in any one policy year is an aliquot share of the total damages suffered by reference to the relevant time of exposure during the policy year, as compared with the total exposure during the period of employment. Accordingly, the insured was only liable for 6/27ths of the settlement amount. West Tankers v Allianz Whether a declaratory arbitral award can be enforced under section 66 of the Arbitration Act Section 66 of the Arbitration Act provides that the court may give leave to enforce an arbitration award in the same manner as a court judgment (and judgment may be entered in the terms of the award). The issue in this case was whether an award which was not for any monetary amount, but was instead purely declaratory, could be enforced under section 66. Charterers insurers had sought to bring a subrogated claim against ship owners. Arbitrators held that the owners had contractual immunity and so were under no liability to the insurers. The owners sought to enforce the declaratory award under section 66. Although this would usually be a pointless exercise (since the parties are already bound by the award), in this case the owners perceived a possible advantage in having the award in the form of a judgment, in light of an earlier jurisdictional battle between the parties. Toulson LJ (giving the leading judgment) confirmed that I cannot see why in an appropriate case the court may not give leave for an arbitral award to be enforced in the same manner as might be achieved by an action on the award and so give leave for judgment to be entered in the terms of the award. However, he cautioned that this should not be a rubber-stamping exercise. An order would not be made if there was a serious question raised as to the validity of the award or there was some other reason which led the court to find that it was not in the interests of justice to make the order (eg because it was unnecessary). However, in this case, insurers had only challenged the court s jurisdiction to make the order and not whether it had been appropriate to do so.

5 Chantiers De L atlantique v Gaztransport Allegation that arbitration award was obtained by fraud Clyde & Co (Ben Knowles and Gildas Rostain) for claimants The claimant applied under section 68(2)(g) of the Arbitration Act on the ground that the award was obtained by fraud. The case essentially turns on its particular facts. The judge found that the defendant had deliberately decided not to disclose certain information and had sent a deliberately misleading letter. However, that was not in itself sufficient to demonstrate that the award had been obtained by fraud. On the facts, Flaux J decided that even if the true position had been disclosed to the tribunal, in all probability that would not have affected the result of the arbitration. Furthermore, any complaint about nondisclosure should have been raised before the arbitrators and it was too late to raise that complaint before the court. It is worth mentioning that the ICC arbitration here had been conducted in accordance with civil law arbitration procedure (and was based on the IBA rules). There was no duty under those rules to disclose relevant documents (as there would have been had the arbitration been conducted in accordance with English procedure). Flaux J therefore cautioned that In these circumstances, the court must be careful not to import into its assessment of [the defendant ] s conduct and the serious allegations of concealment...english law concepts of the duty of disclosure. COMMENT: It is worth bearing in mind that even if you have an English law contract, if the arbitration is governed by ICC rules, English procedural rules will not apply (and hence you will not receive the type of disclosure which you would normally expect under the English rules) Further information If you would like further information on any issue raised in this newsletter please contact: Nigel Brook Clyde & Co LLP The St Botolph Building 138 Houndsditch London EC3A 7AR T: +44 (0) F: +44 (0) Further advice should be taken before relying on the contents of this summary. Clyde & Co LLP accepts no responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this summary. No part of this summary may be used, reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, reading or otherwise without the prior permission of Clyde & Co LLP. CC January 2012

Weekly Update A summary of recent developments in insurance, reinsurance and litigation law

Weekly Update A summary of recent developments in insurance, reinsurance and litigation law Weekly Update A summary of recent developments in insurance, reinsurance and litigation law 11/10 CONTENTS Horwood & Ors v Land of Leather & Zurich 2 A case on the breach of a condition giving control

More information

QBE European Operations Professional liability

QBE European Operations Professional liability QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details

More information

Litigation trends. Update. Professional liability

Litigation trends. Update. Professional liability Professional liability Update Litigation trends The Ministry of Justice has published its statistics for judicial and court activity in England and Wales for 2013. The figures published show that overall

More information

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham [2012] UKSC 14, the test-cases

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

53 RD ANNUAL CONGRESS IN LONDON 2-5 SEPTEMBER 2015 MARINE INSURANCE DENYING COVER AS A MARINE INSURER: PLAIN SAILING OR DEAD IN THE WATER?

53 RD ANNUAL CONGRESS IN LONDON 2-5 SEPTEMBER 2015 MARINE INSURANCE DENYING COVER AS A MARINE INSURER: PLAIN SAILING OR DEAD IN THE WATER? 53 RD ANNUAL CONGRESS IN LONDON 2-5 SEPTEMBER 2015 MARINE INSURANCE DENYING COVER AS A MARINE INSURER: PLAIN SAILING OR DEAD IN THE WATER? A WORKSHOP ORGANIZED BY THE TRANSPORT LAW COMMISSION 1 QUESTIONNAIRE

More information

REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST

REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST I. INTERNATIONAL CONVENTIONS: (a) Please advise which, if

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between :

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between : Neutral Citation Number: [2014] EWHC 3848 (Ch) IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION 1 Case No: HC12A02388 Royal Courts of Justice, Rolls Building Fetter Lane, London, EC4A 1NL Date: Tuesday,

More information

QBE European Operations Professional practices update

QBE European Operations Professional practices update QBE European Operations Professional practices update Claims against solicitors - a checklist QBE Professional practices update - Claims against Solicitors - a checklist/jan 2013 1 Claims against solicitors

More information

Risks in International Consultancy Appointments: The FIDIC White Book

Risks in International Consultancy Appointments: The FIDIC White Book Risks in International Consultancy Appointments: The FIDIC White Book An increasing number of UK based consultants are involved in international projects. Given the forecasted growth in global construction

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

PERSONAL INJURIES PROCEEDINGS BILL 2002

PERSONAL INJURIES PROCEEDINGS BILL 2002 1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate

More information

Trustees liability 8.0 /35

Trustees liability 8.0 /35 Trustees liability 8.0 /35 Trustees liability /8.1 Target Holdings v Redferns (1996) House of Lords Extent of trustees liability for equitable relief A finance company instructed a firm of solicitors to

More information

Expert evidence. A guide for expert witnesses and their clients (Second edition)

Expert evidence. A guide for expert witnesses and their clients (Second edition) Expert evidence A guide for expert witnesses and their clients (Second edition) Addendum, June 2009 1. Introduction 1.1 The second edition of this Guide was published in October 2003, in order to set out

More information

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE Part 36 is a provision in the Civil Procedure Rules ( CPR ) designed to encourage parties to settle disputes without going to trial. Under Part 36, both claimants

More information

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos Justice Committee Courts Reform (Scotland) Bill Written submission from Clydeside Action on Asbestos In our view, the Court of Session should deal only with most complex and important cases and that most

More information

A reckless disregard for the safety of property and/or human life.

A reckless disregard for the safety of property and/or human life. Definitions Combined Single Limit Insured Legal Liability Natural Person Recklessness Third Party Vessel The maximum liability of the Insurers under this policy in respect of any one incident.this may

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 150810-U Nos. 1-15-0810, 1-15-0942 cons. Fourth Division June 30, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in

More information

QBE European Operations Professional practices update

QBE European Operations Professional practices update QBE European Operations Professional practices update Undertakings - a guide QBE Professional practices update - Undertakings - a guide/jan 2013 1 Undertakings - a guide Introduction Undertakings given

More information

Greene Wood & McLean v Templeton Insurance Ltd [2008] APP.L.R. 07/10

Greene Wood & McLean v Templeton Insurance Ltd [2008] APP.L.R. 07/10 JUDGMENT : Mr. Justice Teare : Commercial Court. 10 th July 2008. 1. This is an application by the Defendant to set aside the order made by Walker J. on 14 March 2008 in which he granted permission for

More information

THE LIMITS OF SUBROGATION. a. Insurers right to take advantage of claims against third parties.

THE LIMITS OF SUBROGATION. a. Insurers right to take advantage of claims against third parties. THE LIMITS OF SUBROGATION 1. What is subrogation? a. Insurers right to take advantage of claims against third parties. b. There are two limbs to the doctrine: i. the right to step into the shoes of the

More information

LEGAL INDEMNITY POLICY OF TITLE INSURANCE FOR COMMERCIAL PROPERTY COVERAGE FOR KNOWN RISK

LEGAL INDEMNITY POLICY OF TITLE INSURANCE FOR COMMERCIAL PROPERTY COVERAGE FOR KNOWN RISK LEGAL INDEMNITY POLICY OF TITLE INSURANCE FOR COMMERCIAL PROPERTY COVERAGE FOR KNOWN RISK ENGLAND & WALES (FORM KR E&W 03/09) SCHEDULE Online File Number 20499062 Policy Number KR (E&W) - 15317800316 Policy

More information

MOTOR LEGAL EXPENSES POLICY WORDING TERMS OF COVER

MOTOR LEGAL EXPENSES POLICY WORDING TERMS OF COVER Motor Legal Expenses provides:- 24/7 Legal Advice Insurance for legal costs for certain types of disputes HELPLINE SERVICES Legal Helpline MOTOR LEGAL EXPENSES Use the 24 hour advisory service for telephone

More information

PRE-ACTION CONDUCT PRACTICE DIRECTION

PRE-ACTION CONDUCT PRACTICE DIRECTION PRACTICE DIRECTION PRE-ACTION CONDUCT PRACTICE DIRECTION PRE-ACTION CONDUCT SECTION I INTRODUCTION 1. AIMS 1.1 The aims of this Practice Direction are to (1) enable parties to settle the issue between

More information

The London Commercial Court rules that vessel chartered on NYPE terms remains on hire whilst detained by pirates

The London Commercial Court rules that vessel chartered on NYPE terms remains on hire whilst detained by pirates PIRACY All of the above submissions were rejected by the judge, who concluded that: Intuitively, as a matter of indelible impression and in agreement with the tribunal, I think that seizure by pirates

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

Conditional Fee Arrangements, After the Event Insurance and beyond!

Conditional Fee Arrangements, After the Event Insurance and beyond! Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional

More information

COMITE MARITIME INTERNATIONAL THE IMPLEMENTATION IN NATIONAL LAW OF MANDATORY INSURANCE PROVISIONS IN INTERNATIONAL CONVENTIONS

COMITE MARITIME INTERNATIONAL THE IMPLEMENTATION IN NATIONAL LAW OF MANDATORY INSURANCE PROVISIONS IN INTERNATIONAL CONVENTIONS Esplanade 6, 20354 Hamburg Telefon: 040/350 97-0 Telefax: 040/350 97 211 E-Mail: Info@Seerecht.de www.seerecht.de COMITE MARITIME INTERNATIONAL THE IMPLEMENTATION IN NATIONAL LAW OF MANDATORY INSURANCE

More information

Advice Note. Part 36 Offers to Settle (Court proceedings in England and Wales) April 2015

Advice Note. Part 36 Offers to Settle (Court proceedings in England and Wales) April 2015 Introduction Whilst there is no prohibition against a party making an offer to settle in any way it chooses, there can be damages, costs, interest and tactical advantages in making a formal offer to settle

More information

Pantaenius Yacht Third Party Liability Clauses

Pantaenius Yacht Third Party Liability Clauses Definitions Combined Single Limit Insured Legal Liability Policyholder Natural Person Recklessness Third Party Vessel Wilful Act The maximum liability of the Insurers under this policy in respect of any

More information

Case No: 2011 FOLIO NO. 1519 High Court of Justice Queen's Bench Division Commercial Court 19 January 2012. [2012] EWHC 42 (Comm) 2012 WL 14764

Case No: 2011 FOLIO NO. 1519 High Court of Justice Queen's Bench Division Commercial Court 19 January 2012. [2012] EWHC 42 (Comm) 2012 WL 14764 Page1 SulaméRica CIA. Nacional De Seguros S.A., Allianz Seguros S.A, Companhia De Seguros Aliança Do Brasil, Mapfre Vera Cruz Seguradora S.A., Itaú Unibanco Seguros Corporativos S.A. (formerly Unibanco

More information

Dispute Resolution. White Paper. This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes.

Dispute Resolution. White Paper. This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes. White Paper Dispute Resolution This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes. CIPS members can record one CPD hour for reading a CIPS Knowledge

More information

Legal Expenses Insurance

Legal Expenses Insurance Legal Expenses Express Services - Motor Legal Expenses Policy Summary Some important facts about your Express Services Motor Legal Expenses insurance policy are summarised below. This summary does not

More information

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance Client Bulletin June 2013 Ministry of Justice Reforms update and practical guidance This bulletin provides an update to our previous bulletin about the proposed Ministry of Justice Reforms and follows

More information

Knowledge. Practical guide to competition damages claims in the UK

Knowledge. Practical guide to competition damages claims in the UK Knowledge Practical guide to competition damages claims in the UK Practical guide to competition damages claims in the UK Contents Reforms to damages litigation in the UK for infringements of competition

More information

Motor Legal Expenses Insurance

Motor Legal Expenses Insurance Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal

More information

CLINICAL NEGLIGENCE SCHEME FOR TRUSTS

CLINICAL NEGLIGENCE SCHEME FOR TRUSTS CLINICAL NEGLIGENCE SCHEME FOR TRUSTS MEMBERSHIP RULES April 2001 (Revised 1 May 2014 following the coming into force of The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

MEDIATORS DECLARATION PEACEWISE MASTER POLICY

MEDIATORS DECLARATION PEACEWISE MASTER POLICY Marsh Pty Ltd ABN 86004651512 PO Box H176 AUSTRALIA SQUARE NSW 1215 PROFESSIONAL INDEMNITY INSURANCE MEDIATORS DECLARATION PEACEWISE MASTER POLICY Professional Indemnity Declaration for Mediators who have

More information

CONTRACTUAL INDEMNITY CLAUSES. Tony Kulukovski Thompson Cooper Lawyers 21 November 2011

CONTRACTUAL INDEMNITY CLAUSES. Tony Kulukovski Thompson Cooper Lawyers 21 November 2011 CONTRACTUAL INDEMNITY CLAUSES Tony Kulukovski Thompson Cooper Lawyers 21 November 2011 Leighton Contractors Pty Ltd v Rodney James Smith & Anor [2000] NSWCA 55 Smith was injured on a construction site

More information

Henkel Corp v. Hartford Accident

Henkel Corp v. Hartford Accident 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow

More information

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS Personal Injury Stephen Nye & Satinder Bains Partners Irwin Mitchell LLP, Birmingham FACTS AND FIGURES The number of cases of mesothelioma, caused by asbestos,

More information

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk.

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk. 9 March 2015 Royal Commission into Institutional Responses to Child Sexual Abuse Submitted by email: redress@childabuseroyalcommission.gov.au Dear Sir/Madam CONSULTATION PAPER: REDRESS AND CIVIL LITIGATION

More information

Short Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013

Short Form CFA based on APIL/PIBA 9 for personal injuries and clinical negligence claims from 1.10.2013 LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse

More information

Global Guide to Competition Litigation Poland

Global Guide to Competition Litigation Poland Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...

More information

CONSUMER INSURANCE LAW: PRE-CONTRACT DISCLOSURE AND MISREPRESENTATION

CONSUMER INSURANCE LAW: PRE-CONTRACT DISCLOSURE AND MISREPRESENTATION THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION CONSUMER INSURANCE LAW: PRE-CONTRACT DISCLOSURE AND MISREPRESENTATION Joint Report SUMMARY 1.1 The English and Scottish Law Commissions recommend new

More information

www.startrescue.co.uk 01

www.startrescue.co.uk 01 INTRODUCTION This policy summary provides key information about the Uninsured Loss Recovery Policy, which you should read. For full terms and conditions of the policy please refer to the policy document

More information

Owner-Builder VIC Resıdentıal Constructıon Warranty Insurance

Owner-Builder VIC Resıdentıal Constructıon Warranty Insurance Owner-Builder VIC Resıdentıal Constructıon Warranty Insurance Important Notices The policy is made up of this policy wording, any endorsements and the certificate of insurance. You should read those documents

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

Knowhow briefs Without Prejudice

Knowhow briefs Without Prejudice Knowhow briefs Without Prejudice Executive Summary: Without Prejudice ( WP ) communications made in a genuine attempt to settle a dispute may not be used in court as evidence of an admission. WP communications

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered

More information

TERMS OF BUSINESS AGREEMENT - INSURANCE BROKING

TERMS OF BUSINESS AGREEMENT - INSURANCE BROKING 1. BROKER INFORMATION TERMS OF BUSINESS AGREEMENT - INSURANCE BROKING Stephenson s (2000) Ltd T/As Cooke & Mason, Manor House 3 Low Moor Road Lincoln LN6 3JY is an independent Chartered Insurance Broker.

More information

Factors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability

Factors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability Factors to Consider When Handling a Long Term Disability Benefits Case Several issues may arise in the course of a lawsuit for long term disability benefits. This paper provides strategic suggestions on

More information

Independent Arbitration Service for Micro-Business Disputes (RECC) May 2015 Edition

Independent Arbitration Service for Micro-Business Disputes (RECC) May 2015 Edition May 2015 Edition 1. Introduction 1.1 The Renewable Energy Consumer Code (the Code) sets out the standards applicable to the selling or leasing of small-scale heat and power generators, whether from renewable

More information

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013.

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. TOYOTA ASSOCIATE DISPUTE RESOLUTION ( T-ADR ): Summary Description

More information

Marine Legal Costs Policy Summary

Marine Legal Costs Policy Summary Marine Legal Costs Policy Summary Some important facts about your Marine Legal Costs insurance Policy are summarised below. This summary does not describe all the terms and conditions of your policy, so

More information

Knowhow briefs Escalation Clauses

Knowhow briefs Escalation Clauses Knowhow briefs Escalation Clauses Executive summary: A dispute resolution clause that records the parties agreement that any dispute between them shall be resolved on a staged basis. Can provide parties

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO. Defendants v.

RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO. Defendants v. COURT FILE NO.: 4022A/07 (Milton) DATE: 20090401 SUPERIOR COURT OF JUSTICE - ONTARIO RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO Defendants

More information

Corporate Insurance Solutions Ltd BUSINESS INSURANCE CONSULTANTS

Corporate Insurance Solutions Ltd BUSINESS INSURANCE CONSULTANTS Terms of Business This Agreement is between You our client or potential client and Corporate Insurance Solutions Ltd and applies to all work that we carry out on your behalf. Corporate Insurance Solutions

More information

Asbestos Disease Claims

Asbestos Disease Claims Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.

More information

The authority will not pay out for additional costs, documentation copies, loss of time, photograph fees, or any other out of pocket expenses.

The authority will not pay out for additional costs, documentation copies, loss of time, photograph fees, or any other out of pocket expenses. Tree root damage online claim form Claims are not accepted via email Audit and Risk Management Unit Insurance Team Salford City Council 1st Floor, Unity House Chorley Road, Swinton M27 5AW To whom it may

More information

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for

More information

Weekly Update A summary of recent developments in insurance, reinsurance and litigation law

Weekly Update A summary of recent developments in insurance, reinsurance and litigation law Weekly Update A summary of recent developments in insurance, reinsurance and litigation law 23/11 Contents Beazley v Travelers A Clyde & Co case on whether the insured was liable to brokers under a Deed

More information

LEGAL SCHEME REGULATIONS

LEGAL SCHEME REGULATIONS LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.

More information

ICSA Guidance on Protection against Directors and Officers Liabilities Indemnities and Insurance

ICSA Guidance on Protection against Directors and Officers Liabilities Indemnities and Insurance ICSA Guidance on Protection against Directors and Officers Liabilities Indemnities and Insurance Contents If using online, click on the headings below to go to the related sections. 1. Introduction 2.

More information

However, is a client given a false sense of security when it includes such a clause in its appointments?

However, is a client given a false sense of security when it includes such a clause in its appointments? Liability Briefing January 2009 Indemnities in consultants appointments 26 Store Street London WC1E 7BT Tel: 020 7399 7400 Fax: 020 399 7425 In general terms, indemnity clauses in consultants appointments

More information

Chapter 2 The Marine Insurance Act 1906

Chapter 2 The Marine Insurance Act 1906 Chapter 2 The Marine Insurance Act 1906 Insurance through a broker Book says broker costs nothing to assured Not entirely correct as brokerage is an expense for underwriter in the product he is offering,

More information

QUEST - QBE COMPREHENSIVE MOTOR INSURANCE MASTER POLICY

QUEST - QBE COMPREHENSIVE MOTOR INSURANCE MASTER POLICY QUEST - QBE COMPREHENSIVE MOTOR INSURANCE MASTER POLICY CONTENTS PAGE SECTION 1: LOSS OR DAMAGE TO VEHICLE 1 INSURING CLAUSE 1 AUTOMATIC EXTENSION 1 LIMIT OF INDEMNITY 1 EXCLUSIONS 1 EXCESS FOR SECTION

More information

: : : : : : : : : : : : : : : : :

: : : : : : : : : : : : : : : : : DAVIS POLK & WARDWELL 450 Lexington Avenue New York, New York 10017 Telephone (212) 450-4000 Facsimile (212) 450-6501 Benjamin S. Kaminetzky Elliot Moskowitz Daniel J. Schwartz Counsel to the Debtors and

More information

Your Motor Legal Protection Insurance Policy Wording

Your Motor Legal Protection Insurance Policy Wording Your Motor Legal Protection Insurance Policy Wording www.debenhamscarinsurance.co.uk Contents Your Motor Legal Protection Insurance Policy Wording... 3 General Exceptions... 10 2 Your Motor Legal Protection

More information

Motor Legal Expenses Policy Wording

Motor Legal Expenses Policy Wording 3478676865245-0000000 34545323455index,134545323456 34545323455persist,false34545323456 34545323455output_folder,/strata/clients/ukais/live/v53/exports 34545323455document_name,PREVIEW34545323456 34545323455printfile_path,/strata/clients/ukais/live/v53/exports/PREVIEW.ps34545323456

More information

Octagon Insurance Legal Expenses Policy

Octagon Insurance Legal Expenses Policy Octagon Insurance Legal Expenses Policy 1 2 This Octagon insurance policy is underwritten by Inter Partner Assistance SA and administered on their behalf by Arc Legal Assistance Limited. The following

More information

Conditions Precedent in Insurance Policies. A practical guide 2014

Conditions Precedent in Insurance Policies. A practical guide 2014 Conditions Precedent in Insurance Policies A practical guide 2014 Contents Section 1: Executive Summary...4 Section 2: Introduction to conditions and conditions precedent...5 Section 3: Consequences of

More information

COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION

COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION THE SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS FEBRUARY 2003 The executive

More information

MARINE LEGAL EXPENSES INSURANCE

MARINE LEGAL EXPENSES INSURANCE MARINE LEGAL EXPENSES INSURANCE Marine Legal Expenses Policy Summary Some important facts about Your Marine Legal Expenses insurance policy are summarised below. This summary does not describe all the

More information

DGI04 Liability Insurance Underwriting

DGI04 Liability Insurance Underwriting DGI04 Liability Insurance Underwriting Module Description: This module aims to provide the candidate with the knowledge and skills in commercial liability insurance operations. It deals with the legal

More information

UAS Liability Insurance Policy Wording

UAS Liability Insurance Policy Wording UAS Liability Insurance Policy Wording Headings and marginal captions are inserted for the purpose of convenient reference only and are not to be deemed part of this Policy. Certain words and phrases used

More information

THIRD PARTY ADMINISTRATOR AGREEMENT. (Hereinafter, Agreement ) Between

THIRD PARTY ADMINISTRATOR AGREEMENT. (Hereinafter, Agreement ) Between THIRD PARTY ADMINISTRATOR AGREEMENT (Hereinafter, Agreement ) Between Those underwriting members of Lloyd s, and those other insurers (if any), individually and severally subscribing to the Contract(s)

More information

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett I was asked to deliver a paper in relation to costs which are payable under the various regimes where claimants

More information

Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002

Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 Act No. 24 of 2002 Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 TABLE OF PROVISIONS Section Page CHAPTER 1 PRELIMINARY PART 1 INTRODUCTION 1 Short

More information

The Duty of Utmost Good Faith

The Duty of Utmost Good Faith IBA Insurance Committee Substantive Project 2014 The Duty of Utmost Good Faith Edited by Assunta Di Lorenzo Copyright 2014 International Bar Association. All rights reserved. The materials compiled herein

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-60119 Document: 00512554303 Page: 1 Date Filed: 03/07/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT GARY CHENEVERT, v. Plaintiff Appellee United States Court of Appeals Fifth

More information

At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just

At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just TWO IMPORTANT CASES WELLESLEY PARTNERS LLP the test of remoteness. At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just another slightly dreary solicitors negligence case where

More information

CONTRACT FOR THE APPOINTMENT OF AN APPROVED INSPECTOR

CONTRACT FOR THE APPOINTMENT OF AN APPROVED INSPECTOR CONTRACT FOR THE APPOINTMENT OF AN APPROVED INSPECTOR CIC/AppInsp The Construction Industry Council - Association of Consultant Approved Inspectors contract for the appointment of an approved inspector

More information

The Policy Insurance Law Section Council Illinois State Bar Association

The Policy Insurance Law Section Council Illinois State Bar Association The Policy Insurance Law Section Council Illinois State Bar Association Illinois Supreme Court Holds Insurer to Burden of Proving That Its Policy Limitation Applies: Two Deaths Are Not a Single Occurrence

More information

Congratulations... ...and thank you for buying a Motoring First policy.

Congratulations... ...and thank you for buying a Motoring First policy. 2 Congratulations......and thank you for buying a Motoring First policy. This document explains exactly what is covered by Licence Shield, how to make a claim, important contact details and much more.

More information

Piracy Does it give rise to a claim for General Average?

Piracy Does it give rise to a claim for General Average? Piracy Does it give rise to a claim for General Average? Raymond T C Wong 王 德 超 Average Adjuster A vessel with cargo on board is being detained by pirates in Somalia and a ransom of US$3m has been demanded

More information

LIABILITY INSURANCE - CLAIMS MADE POLICIES. Nicholas Carson LLB

LIABILITY INSURANCE - CLAIMS MADE POLICIES. Nicholas Carson LLB LIABILITY INSURANCE - CLAIMS MADE POLICIES by Nicholas Carson LLB Liability insurance, that is insurance under which the insured insures against its liability to others, usually arising as a result of

More information

S. Friedman & Co. Advocates. Adv. A. Cohen-Dor

S. Friedman & Co. Advocates. Adv. A. Cohen-Dor S. Friedman & Co. Advocates Adv. A. Cohen-Dor GENERAL OVERVIEW OF THE LEGISLATIVE FRAMEWORK Before the establishment of the State of Israel (in 1948), during the period of the British Mandate, the Supreme

More information

Compulsory liquidation. a guide for unsecured creditors. Association of Business Recovery Professionals

Compulsory liquidation. a guide for unsecured creditors. Association of Business Recovery Professionals Compulsory a guide for unsecured creditors Association of Business Recovery Professionals Compulsory occurs when a company is wound up by an order of the court. A licensed insolvency practitioner has given

More information

COMBINED LIABILITY INSURANCE For Tour Operators and Travel Agents Policy Summary

COMBINED LIABILITY INSURANCE For Tour Operators and Travel Agents Policy Summary Arranged by Your document is an annual contract which may be renewed each year subject to your needs and our terms and conditions The policy cover provides packaged insurance cover including Combined Liability

More information

A brief guide to professional negligence claims

A brief guide to professional negligence claims A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims

More information

Proportionate Liability Northern Territory

Proportionate Liability Northern Territory 1. Proportionate liability national approach On 27 February 2004, the national Ministerial forum on Insurance Issues comprising representatives from the Commonwealth, the States, the Northern Territory

More information

What You Should Know About General Agreements of Indemnity and Why You Should Know It

What You Should Know About General Agreements of Indemnity and Why You Should Know It What You Should Know About General Agreements of Indemnity and Why You Should Know It Summary When a contractor (for purposes of this discussion, contractor includes subcontractor) first seeks surety credit,

More information

Disease: solving disputes post 1 April 2013

Disease: solving disputes post 1 April 2013 Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due

More information

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information