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Articles by Mark Everiss
Court Of Appeal Reaffirms Law On Aggregation Of Claims Pursuant To A
UK: Court Of Appeal Reaffirms Law On Aggregation Of Claims Pursuant To A "cause" Based Wording 30 March 2022 by Sam Tacey and Mark Everiss Cooley LLP Your LinkedIn Connections with the authors In Spire Healthcare v Royal & Sun Alliance Insurance Ltd [2022] EWCA Civ 17, the Court of Appeal reversed the first instance decision of Judge Pelling QC holding that the two sets of claims in question had in common a unifying factor, such that they should be aggregated for the purposes of the...
Court of Appeal reaffirms law on aggregation of claims pursuant to a “cause” based wording | JD Supra
In Spire Healthcare v Royal & Sun Alliance Insurance Ltd [2022] EWCA Civ 17, the Court of Appeal reversed the first instance decision of Judge Pelling QC holding that the two sets of claims in question had in common a unifying factor, such that they should be aggregated for the purposes of the aggregation clause in the policy. The net effect of this decision was that the insured’s claim was limited to the £10m per claim limit of the policy (rather than the £20m aggregate limit).
Fair Presentation, Moral Hazard And Material Circumstances
UK: Fair Presentation, Moral Hazard And Material Circumstances 08 December 2021 by Mark Everiss and Benjamin Sharrock Cooley LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Fair Presentation, Moral Hazard and Material Circumstances | JD Supra
In the recent decision in Berkshire Assets (West London) Ltd v AXA Insurance UK Plc [2021] EWHC 2689 (Comm), Lionel Persey QC, sitting as a Judge of the High Court, gave the first English decision on the insured’s duty of fair presentation as set out in the Insurance Act 2015 (the ‘Insurance Act’).
Warranty & Indemnity Insurance
To print this article, all you need is to be registered or login on Mondaq.com. Introduction Warranty & Indemnity Insurance1 has been a popular and effective tool in facilitating and supporting transactions for a number of years. COVID has, of course, affected every aspect of our lives over the last two years. Similarly, COVID has affected every transaction since the beginning of 2020 to some extent.
Blog: Court of Appeal Upholds Decision on Inducement | JD Supra
The Court of Appeal has, in its recent judgment in Zurich Insurance Plc v Niramax Group Ltd [2021] EWCA Civ 590, addressed important issues of non-disclosure and inducement that were addressed at first instance in the Commercial Court by Cockerill J in Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm) which we blogged here.
Halliburton v Chubb: Supreme Court Rules On Arbitrator Impartiality
United States: Halliburton v Chubb: Supreme Court Rules On Arbitrator Impartiality 16 December 2020 Cooley LLP To print this article, all you need is to be registered or login on Mondaq.com. In a long-awaited decision, the Supreme Court has recently handed down a judgment of critical importance addressing an arbitrator's duty of impartiality and obligation to make disclosure.
Blog: Halliburton v Chubb: Supreme Court Rules on Arbitrator Impartiality | JD Supra
In a long-awaited decision, the Supreme Court has recently handed down a judgment of critical importance addressing an arbitrator’s duty of impartiality and obligation to make disclosure. The case relates to the Deepwater Horizon incident and claims made by two insureds, Halliburton and Transocean, on their Bermuda Form policies with Chubb.
Legal Focus: UK data regulator increases focus on cyber due diligence and insurance in M&A
Email Print Bookmark Tags: Legal focus Cyber Regulation By Mark Deem and Mark Everiss, Cooley 04 Sep 2019 Analysis The ICO’s intervention should remind insurers and insureds that relying solely on standalone cover may not provide comprehensive mitigation of cyber risks Existing Subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day?
Blog: Court of Appeal addresses “experience of insurance or reinsurance” for the purposes of appointing an arbitrator | JD Supra
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Blog: High Court Rules That Certain Provisions Of Domestic Motor Insurance Law Contravene Insurance Directive 2009/103
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
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