slide1 n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Where does the Policy point? PowerPoint Presentation
Download Presentation
Where does the Policy point?

Loading in 2 Seconds...

play fullscreen
1 / 13

Where does the Policy point? - PowerPoint PPT Presentation


  • 54 Views
  • Uploaded on

Where does the Policy point?. Policy Stars Other Key Decisions: Omega Proteins Ltd v. Aspen Insurance UK Ltd (QBD 2010). Background. Claimant processed by-products from animal carcases received from Insured 28 Deliveries made EEC revised Regulations a few days earlier

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Where does the Policy point?' - usoa


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
slide2
Policy Stars

Other Key Decisions:

  • Omega Proteins Ltd v. Aspen Insurance UK Ltd (QBD 2010)
background
Background
  • Claimant processed by-products from animal carcases received from Insured
  • 28 Deliveries made
  • EEC revised Regulations a few days earlier
  • Deliveries fell foul of these
  • Products mixed with other stock from other suppliers
  • Entire bulk stock was unfit for commercial use
issues
Issues
  • Insured was in liquidation - proceeded under TP Rights Against Insurers Act 1930
  • Exclusion for Liability arising under contract unless it would have attached in absence
  • Judgement of 1st inst conclusively determined a liability in contract
  • Aspen sought to rely on this judgement to invoke the ‘contractual liability’ exclusion
outcome
Outcome
  • Court asserted the clause invited consideration of what liability attached in absence of contract
  • Liability would have attached in tort in any event
  • It follows that the Policy would have had to respond

Where liability attaches in the absence of a contract the exclusion cannot apply

slide6
Policy Stars

Other Key Decisions:

  • Fielding Properties (Blackpool) Ltd v. Aviva (QBD 2010)
background1
Background
  • Indemnity sought for a fire at premises
  • Condition 7 -Aviva avoid policy if a claim was fraudulent or false declaration made
  • Aviva sought to invoke for previous fraudulent claims
  • One was for £9,870 for drain damaged and collusion with repairer proven
  • Shareholder had also failed to disclose false declarations to other Insurers
outcome1
Outcome
  • Aviva were entitled to avoid policy & claim recovery from previous claims
  • Previous fraudulent claim on personal policy should have been disclosed
  • Series of false statements
  • While each taken alone could be considered insignificant - collectively they were material
slide9
Policy Stars

Other Key Decisions:

  • McIlroy Swindon Ltd v. Quinn Insurance (Tech & Const. Court 2010)

Court did not have power to grant extension of time where valid Arbitration Clause gave time limit that was not observed.

background2
Background
  • Technology & Construction Court Case (Oct)
  • Quinn provided product liab cover to Lenihan
  • Fire occurred at premises worked on
  • Claim presented by Claimant under TP Rights Against Insurers Act 1930
  • Quinn claimed breach of policy conditions by Lenihan
  • Arbitration clause – any dispute referred to Arrb within 9mths
issues1
Issues
  • No dispute on Primary Legal Liability
  • Judgement not satisfied as Lenihan went into voluntary liquidation
  • No reference to any dispute under the policy to Quinn’s Policy repudiation within 9mths
  • Claimant suggested the clause was unusual and onerous and that Quinn failed to bring it to attention of Insured
outcome2
Outcome
  • High Court decided clause was clear
  • Lenihan had policy for over 2 years
  • Told to read policy carefully
  • Brokers had provided advice to Lenihan
  • Requirement to resolve issues by Arbitration not regarded as onerous just because it was unusual
  • Denial of Policy Liab had triggered clause in Feb 2009 thus time limit end Nov 2009
slide13
Tip!

Have you a Quinn Insured on any recovery cases?

If they decline policy indemnity it would appear prudent to remind them to check their policy to see if the Arbitration clause is triggered!