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Articles by Chamika Hand
Car insurance must evolve for autonomous vehicles
Out-Law Analysis | 26 Nov 2020 | 4:24 pm | 7 min. read Connected vehicles, especially fully autonomous vehicles, are going to profoundly change the nature of car insurance - particularly the ways in which insurers assess risk and set premiums.
Driverless cars insurance laws receive Royal Assent
The Automated and Electric Vehicles Act 2018 received Royal Assent on 19 July, although the majority of its provisions will not take effect until implementing regulations are also introduced into law. No timetable has yet been set for the regulations to be introduced, according to the Department for Transport.
Fielding v Aviva
Joseph Fielding Properties (Blackpool) Limited v Aviva Insurance Limited [2010] EWHC 2192 (QBD) Help with citations Facts In November 2008, a serious fire damaged tenanted units on the insured company's industrial estate. The insurer denied liability for the claim and sought to avoid the policy on three grounds. It alleged the insured had made a fraudulent claim for damage to a drain on the property in September 2008, for which the insurer had paid £9,870.
Employers liability trigger litigation appeal
Durham v BAI (Run Off) Ltd and other test cases [2010] EWCA CIV1096 Help with citations Facts The appeal concerned six test cases brought to establish what event triggered insurance cover under various employers' liability (EL) policies. Each case concerned an employee who had contracted mesothelioma after being exposed to asbestos at work. In some cases, the claim was brought by the employer against its own insurers.
Omega v Aspen
Omega Proteins Limited v Aspen Insurance UK Limited [2010] EWHC 2280 (Comm) Help with citations Facts The insured was a meat processing company. Between May and July 2006, it failed to ensure that meat supplied to Omega was categorised according to current EC regulations, which had recently changed. As a result, the material was wrongly classified as "not for human consumption" when in fact it should have been "for disposal only".
NFU v HSBC
National Farmers Union Mutual Insurance Society Limited v HSBC Insurance (UK) Limited [2010] EWHC 773 (Comm) Help with citations Facts On 27th October 2007, a fire damaged the Old Hall in Rutland, 17 days after the trust that owned the property had exchanged contracts for its sale. Under clause 2.3 of the contract, the risk of damage to or destruction of the property passed to the buyers on exchange. Completion was scheduled for 7th November.
Goldsmith Williams v Travelers
Goldsmith Williams (a firm) v Travelers Insurance Co Ltd [ 2010] EWHC 26 (QB) Help with citations Facts The defendant insurer provided professional indemnity cover for Joshua & Usman Legal Services Limited (JULS), which traded as Joshua & Usman Solicitors. JULS had two directors, Mr A and Ms U. Mr A applied for a mortgage to buy a property and the mortgage provider instructed the claimant solicitors to act on its behalf.
Flexsys v XL
Flexsys America LP v XL Insurance Company Limited [2009] EWHC 1115 (Comm) Help with citations Facts The insured, a company incorporated in Ohio, was part of a group of companies that manufactured, sold and distributed chemicals used in the manufacture of rubber products. It was covered by a local public and products liability policy and by a master policy issued by XL for the group as a whole.
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