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Now in its Fifth Edition, Insurance Claims by Alison Padfield QC is a practitioner focused text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is an indispensable resource for those involved in the daily application of the law, whether as solicitors, barristers or insurance claims handlers. With significant developments in insurance law and a multitude of cases since the Fourth Edition, the new Fifth Edition:- Covers cases on the Insurance Act 2015, the Third Parties (Rights Against Insurers) Act 2010, and the Consumer Insurance (Disclosure and Representations) Act 2012 - Examines recent decisions of the Supreme Court, including The Financial Conduct Authority v Arch Insurance (UK) Ltd (the ‘FCA Test Case’) [2021] UKSC 1, and Privy Council, and also those handed down by the Court of Appeal - Is fully updated with coverage of all significant recent decisions - Covers claims against insurers and insurance brokers- Explains the meaning of terms and concepts in plain English, making it accessible to lawyers and non-lawyers alike Cases in the Supreme Court and Privy Council added since the last edition include: - The FCA Business Interruption Insurance Test Case [2021] UKSC 1 – construction of insurance contracts, causation including proximate cause & business interruption insurance- Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 – principles governing recusal of arbitrators where multiple arbitrations with same or overlapping subject matter- Aspen Underwriting Ltd v Credit Europe Bank NV (The Atlantik Confidence) [2020] UKSC 11 – jurisdiction under Brussels Regulation (Recast)- Travelers Insurance Co Ltd v XYZ [2019] UKSC 48 – non-party costs orders against liability insurersPerry v Raleys Solicitors [2019] UKSC 5 – professional negligence damages- Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The B Atlantic [2018] UKSC 26 – construction of insurance contracts & exclusion clauses- Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses- Gard Marine & Energy Ltd v China National Chartering Co Ltd [2017] UKSC 35 – waiver of rights of subrogation- AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses- Sun Alliance (Bahamas) Ltd v Scandi Enterprises Ltd [2017] UKPC 10 – construction of contractors’ all risks policy- Impact Funding Solutions Ltd v Barrington Services Ltd [2016] UKSC 57 – construction of insurance contracts & scope of cover/exclusion clausesSignificant Court of Appeal decisions added for this new edition include:- Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 – reinstatement/betterment in property damage insurance- Manchikalapati v Zurich Insurance Plc [2019] EWCA Civ 2163 - construction of building guarantee insurance- Euro Pools plc v Royal & Sun Alliance plc [2019] EWCA Civ 808 – notification of claims in professional indemnity insurance- Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 – reinsurance of ‘Fairchild enclave’ employers’ liability claims- Allianz Insurance Plc v Tonicstar Ltd [2018] EWCA Civ 434 – qualification of arbitrators- Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 – aggregation clauses- Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – insurance claims conditions and ‘duty to speak’ estoppel- AXA Versicherung Ag v Arab Insurance Group [2017] EWCA Civ 96 – pleading & proving inducement- W R Berkley Insurance (Europe) Ltd v Teal Assurance Co Ltd (No 2) [2017] EWCA Civ 25 – liability insurance & ascertainment of loss- Zurich Insurance plc v Maccaferri [2016] EWCA Civ 1302 – notification of claimsA wealth of Commercial Court and Technology and Construction Court decisions are also covered, along with selected decisions from other jurisdictions including Scotland, Australia and New Zealand which are likely to be of interest to practitioners in England and Wales.Written by Alison Padfield QC, an authoritative author with extensive experience in insurance law, the new Fifth Edition will appeal to insurance lawyers, both solicitors and barristers in practice and in-house, insurance professionals, eg claims handlers and brokers, and insurance law students.This title is included in Bloomsbury Professional's Insurance Law online service.
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A practitioners’ text providing a summary of the law as it relates to insurance claims, largely, but not exclusively, addressing claims against insurers and insurance brokers specifically aimed at those involved in the application of the law on a daily basis, whether as solicitors, barristers or insurance claims handlers. Explaining the meaning of terms and concepts in plain English making it accessible to lawyers and non-lawyers alike, the 5th edition is fully revised and updated taking account of all significant new case law, including those being appealed to the Court of Appeal.In addition to important insurance case law caused by the Covid 19 pandemic ,eg Rockliffe Hall v Travelers Insurance Co Ltd, Stonebridge Pub Company v MS Amlin, Various Eateries Trading Ltd v Allianz, and Greggs plc v Zurich, where a range of issues have been decided, other significant cases analysed in the 5th edition in detail include:- Berkshire Assets v AXA in relation to avoidance for breach of the duty of fair presentation under the Insurance Act 2015- Quadra Commodities SA v XL Insurance Company SE in relation damages for late payment of insurance claims under s.13A of the Insurance Act 2015- Jones v Zurich in relation to avoidance of an insurance policy under the Consumer (Insurance and Disclosure) Act 2012In addition Chapter 17, Specific Types of Insurance , is expanded to include a new section on cyber insurance.Insurance Claims is also available as part of Bloomsbury Professional's Insurance Law online service.