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As reported last week the Supreme Court has allowed the appeal of the claimant shipowners in Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (The “DC Merwestone”)  UKSC45. By a 4:1 majority the Supreme Court held that the fraudulent claims rule did not apply to collateral lies made in support of an insurance claim where those lies were irrelevant to the existence or amount of a justified claim.
The shipowners were entitled to payment of over 3 million euros in respect of damage caused to their ship’s engine by the ingress of sea water. Their manager’s lies regarding the timing of the bilge alarms, which he told in support of the claim, were irrelevant to the owners’ entitlement to payment under the policy. The false statements were intended to reassure insurers that the ship was not unseaworthy and, in particular, that its alarm systems were working satisfactorily and to draw insurers’ focus away from such matters. Continue reading
On 25 February 2016 Lord Faulks announced that he had laid before Parliament the Third Parties (Rights against Insurers) Regulations 2016 (“the 2016 Regs”) to enable the 2010 Act to be brought into effect. The 2010 Act was a Bill drafted by the Law Commissions back in 2001. The Act’s most important provisions are those enabling third parties to bring actions directly against insurers in one set of proceedings (where an insured is insolvent) and to obtain much more information about the insolvent insured’s insurance arrangements. Continue reading
There are often disputes between insureds and insurers as to whether notification of a claim has been done in time. The following is a recent example involving an obligation to notify “as soon as possible”: Maccaferri Ltd v Zurich Insurance PLC  EWHC1708
An employee was seriously injured at work whilst using a Spanex gun, which had been hired from the claimant. The claimant was insured under a public and products liability policy issued by Zurich Insurance PLC (“Zurich”). Continue reading