Insurance Law Update - A Roundup with Alison Green

Introduction

Over the past year there have been significant judgments by the Court of Appeal on construing insurance policies. Alison Green will look at recent cases which considered the interpretation and application of particular exclusion clauses found in different types of commercial insurance.

Appeals went to the Court of Appeal on how jurisdiction and governing law clauses in insurance policies should be construed. These cases shed light on how judges seek to interpret such clauses, particularly where the drafters of the policies included contradictory or ambiguous clauses.

The situation where one party takes out insurance on behalf of itself and others involved in a project, can often lead to disputes about the extent of the co-insurance. Alison will discuss the approach of courts to such disputes in the light of a recent High Court decision which examined the extent to which insurance covered subcontractors involved in designing and installing ductwork under a construction project at Twickenham Stadium.

COVID-19 continues to beset insurance litigation. The webinar will conclude by considering some of the ongoing insurance law issues relating to it, including three cases heard sequentially where five preliminary issues relating to business interruption (BI) were determined.

What You Will Learn

This webinar will cover the following:

• Points to consider when insurance is taken out on behalf of various parties involved in a project, construing the extent of co-insurance coverage and when insurers may take subrogation action against a co-insured (RFU v Clark Smith Partnership and FM Conway)
• Judicial construction of exclusion clauses in the context of a commercial package policy covering property and BI (Brian Leighton (Garages) Ltd v Allianz) and under a war risks policy and mortgage interest insurance policy in marine insurance (Piraeus Bank v Antares Underwriting)
• Jurisdiction and governing law clauses in insurance policies and problems regarding contradictory and ambiguous language which were highlighted by two different appeals to the Court of Appeal (AIG Europe v John Wood Group and Al Mana Lifestyle v United Fidelity Insurance)
• COVID-19 issues in the context of BI insurance including those raised by tenants failing to pay rent during periods of the pandemic and the three judgments given in October 2022 where the Commercial Court heard sequentially three cases which dealt with five important preliminary issues (Stonegate v Amlin, Greggs v Zurich, Various Eateries Trading v Allianz)

This webinar was recorded on 18th July 2023