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Articles by Stephen Netherway
English courts move to streamline costs and disclosure regimes
Analysis A refined disclosure regime is necessary to ensure London maintains its status as a major dispute resolution hub Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Recent court rulings clarify Arbitration Act powers in insurance cases
Analysis The English courts are reluctant to review arbitral awards, but they will do so in very limited circumstances Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
High Court clarifies aggregation of Covid-19 losses at reinsurance level
Analysis English courts are favouring reinsureds by taking wide construction approach to the aggregation of Covid-19 losses Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Commercial Court offers reminder on privacy limits in arbitral-related disputes
Analysis A recent ruling highlights the tension between open justice and the requirement for the arbitral process to remain confidential Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
High Court affirms insurers’ rights to a seat at the table
Analysis Insurers were permitted to join and make legal arguments in proceedings against their insured, the High Court ruled in a recent judgment Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. The High Court agreed with the insurer that its relevant powers were under CPR19.2 as there was no time bar issue.
Insurers warned of cost consequence of alleging and failing in fraud allegations
Analysis Recent case highlights real risk for insurers of having to pay a penalty when alleging fraud incorrectly Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Commercial Court decides principles of claiming interest in re/insurance disputes
Analysis In the recent case of Royal & Sun Alliance v Equitas, the Commercial Court considered in what respects interest might be recovered by insurers under their reinsurances Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
New pilot scheme will increase public availability of documents put before the court
Analysis The concept of ‘open justice’ has promoted a widening of non-party access rights and a new pilot initiative in the Commercial Court will substantially increase the ability of non-parties to access documents in the public domain Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Insurer, Zurich Insurance Plc Ordered To Pay Indemnity Costs To Devonshires Clients Due To "Extraordinary Behaviour"
In the judgment handed down 24 June 2025, Bellhouse & Anor v Zurich Insurance PLC [2025] EWHC 1551 ("Bellhouse 2"), which primarily addressed consequential cost issues, the High Court made clear that an insurer will be at risk of paying costs on an indemnity- effectively full reimbursement - basis because of its conduct, and where that insurer should have known and acted better.
AI use in the courts brings its own risks
Analysis Recent cases highlight the risks of using AI as a source when it comes to court cases Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
New government doubles down on strengthening arbitration laws
Analysis The Arbitration Act, which received royal assent on February 24, reforms English arbitration law in a number of specific areas Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Buildings Insurance - The Next Flare Up Following Adam Kiziak's Expulsion?
The ongoing impact of Adam Kiziak's suspension, and now expulsion, from the Institute of Fire Engineers (IFE) continues to have serious repercussions throughout the sector. The IFE's findings, that he lacked competence, accuracy and vigour, led to an immediate response from mortgage lenders, with a broadening approach amongst lenders of refusing to lend against properties supported by EWS1 Forms authored by Mr Kiziak, and more generally his company, Tri Fire.
Buildings Insurance - the next flare up following Adam Kiziak’s expulsion?
The ongoing impact of Adam Kiziak’s suspension, and now expulsion, from the Institute of Fire Engineers (IFE) continues to have serious repercussions throughout the sector. The IFE’s findings, that he lacked competence, accuracy and vigour, led to an immediate response from mortgage lenders, with a broadening approach amongst lenders of refusing to lend against properties supported by EWS1 Forms authored by Mr Kiziak, and more generally his company, Tri Fire.
California wildfires flag issues of insurance availability
Opinion Comprehensive data, artificial intelligence and parametric products could all have a part to play in helping the market provide insurance solutions for customers struggling to obtain cover Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Legal London has a bright future post-Covid 19
Opinion London’s lawyers look set to remain relevant to the insurance market for the foreseeable future, and in ways not seen before the pandemic for very many years Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Social inflation is increasingly impacting insurers
Opinion How successful insurers are in assessing and managing the effects of social inflation will determine how competitive they are Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Market should welcome latest ruling on arbitration
Analysis Privy Council’s decision in Sian Participation Corp (in liquidation) v Halimeda International affirms a party choosing arbitration will not be limited in its choice of future legal remedies Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Court rules against the defence for 'what ifs'
Analysis A recent case has potentially far-reaching consequences for brokers and their professional indemnity insurers Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Should wordings trump commercial business sense?
Analysis UK Court of Appeal considers the construction of policy terms in two recent decisions Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Legal Focus: Court holds insurer to its true underwriting appetite
Analysis High Court’s ruling in Scotbeef v D&S Storage and Lonham Group has implications for the entire market on the application of the Insurance Act Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Legal Focus: Reinsureds win in Covid-19 BI aggregation cases
Analysis High Court affirms support for a broad approach to aggregation and coverage for Covid-19 losses at a reinsurance level Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Legal Focus: Alternative dispute resolution up in court
Analysis Recent cases might dictate how the UK courts will view alternative dispute resolution in the future Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. Free newsletter Not ready to subscribe just yet? Sign up to receive a curated selection of our latest articles in your inbox for a trial period.
Legal Focus: Maintaining standards in arbitration crucial
Analysis High Court rules that an arbitration award against Nigeria had been obtained by fraud and was contrary to public policy Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. Free newsletter Not ready to subscribe just yet? Sign up to receive a curated selection of our latest articles in your inbox for a trial period.
Legal Focus: Insurers might have a new route to appealing against FOS decisions
News Court of Appeal ruling has widened opportunities for insurers to challenge decisions of the Financial Ombudsman Service Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. Free newsletter Not ready to subscribe just yet? Sign up to receive a curated selection of our latest articles in your inbox for a trial period.
Legal Focus: High Court decision changes the status quo on prior knowledge
News English Court's approach to imputation of knowledge will require insurers to improve data storage and internal accessibility between underwriting and claims teams Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. Free newsletter Not ready to subscribe just yet?
Legal Focus: Insurers lose in insurable interest case
Analysis Court of Appeal makes clear that English law now formally recognises the principle established by the US court decision in Cumberland Bone Company v Andes Insurance Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. Free newsletter Not ready to subscribe just yet?
Legal Focus: Wording must be clear, court rules once again
If a party wishes to ensure certain outcomes, clear language is absolutely needed 05 Jul 2023 News Recent UK Commercial Court judgment underlines the importance of drafting clear indemnity language, to give effect to the rights and obligation insurers believe they contractually assume Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Legal Focus: Co-insurance proves tricky in construction contracts
Court of Appeal finds the High Court applied the correct legal tests, the judge at first instance had correctly regarded the JCT terms as a starting point for consideration of these issues and terms were clear 02 Jun 2023 News Judgment in FM Conway v The Rugby Football Union makes clear how important the contractual arrangements are in determining the extent of project parties’ respective insurance coverage, even if co-insured Already a subscriber? Sign in to continue reading.
Legal Focus: Expert evidence back in the dock
A party may be given more latitude to change its expert than might have been thought 26 Apr 2023 News A recent case examined whether or not a party is free to change experts Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. Subscribe Free newsletter Not ready to subscribe just yet?
Legal Focus: This year will be a tough one for insurers
There will be a number of significant issues insurers will need to grapple with this year to deliver profit 11 Jan 2023 Opinion Legacy covid issues, hard reinsurance rates and data integrity are among the range of challenges facing senior management this year Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Legal Focus: Ruling on arbitration procedural fairness
Dispute arose move by the Irish government’s National Asset Management Agency to sell its Northern Irish property book of impaired loans 16 Nov 2022 News Judge delivers a policyholder-friendly judgment in a case that is expected to be pointed to in other claims for policy indemnity Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Legal Focus: Data is becoming the new currency and brings legal challenges along with it
Executives and boards will be held to account for the impact data adequacy and use has on business profitability and, of course, ultimately return on equity; in other words, on underwriting performance 05 Oct 2022 Analysis It is not enough to simply use data and the automated processes that may be driven by it – businesses need to demonstrate it is complete and it is being used ‘ethically’ Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser.
Crossing borders to reach English jurisdiction
Judgment in Al Mana case illustrated why the English courts were the right venue to hear cross-border insurance disputes 31 Aug 2022 News Case is a further restatement that construction of insurance policies is to be derived from the Supreme Court decision in the FCA test case Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Legal Focus: Crossing borders to reach English jurisdiction
Judgment in Al Mana case illustrated why the English courts were the right venue to hear cross-border insurance disputes 31 Aug 2022 News Recent case is a further restatement that construction of insurance policies is to be derived from the Supreme Court decision in the FCA test case Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
New UK high-rise building rules will increase liabilities for insurers
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New UK high-rise building rules will increase liabilities for insurers
Newly introduced legislation offers a new legal cause of action by creating the building liability order allowing a corporate entity to be liable for defects and the loss and/or damage occasioned 13 Jul 2022 Analysis The Building Safety Act 2022 introduces a regime for ensuring the safety of buildings and also extends limitation periods significantly Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day?
Is Quadra a sign of the direction to come on damages?
By Stephen Netherway, Devonshires 25 May 2022 Analysis A recent High Court case has reviewed claims for damages in light of the Insurance Act 2015 Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more. Subscribe Free newsletter Not ready to subscribe just yet?
Taking a simple approach to the question of indemnity
Email Print Bookmark Tags: United Kingdom Claims Management Legal focus By Stephen Netherway, Devonshires 09 Mar 2022 Analysis Two recent cases have resulted in different outcomes when the judges have sought to simplify the legal analysis Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
What is fair presentation for insurers and their insureds?
Email Print Bookmark Tags: United Kingdom Legal focus Claims Management By Stephen Netherway, Devonshires 24 Nov 2021 Analysis Duty of fair presentation and moral hazards were two issues addressed by a recent English High Court ruling Existing Subscriber? Sign in to continue reading. If content does not display, please refresh your browser. Request a Demo Getting a demo tailored to your needs is the best way to see how our solutions will help you gain an advantage. Request Demo New to Insurance Day?
Moral hazard under the spotlight
Email Print Bookmark By Stephen Netherway, Devonshires 10 Nov 2021 News Duty of fair presentation and moral hazards were two issues addressed by a recent English High Court ruling Existing Subscriber? Sign in to continue reading. If content does not display, please refresh your browser. Request a Demo Getting a demo tailored to your needs is the best way to see how our solutions will help you gain an advantage. Request Demo New to Insurance Day?
Legal Focus: Using the court tool box to save claim costs
Email Print Bookmark Tags: Claims Management Legal focus United Kingdom By Stephen Netherway, Devonshires 27 Nov 2019 Analysis Insurers can benefit from efforts by the English courts to offer streamlined cost saving processes Existing Subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day?
RISK MATTERS - Winter 2017/2018
To view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF . CMS_LawTax_Negative_28-100.eps Insurance sector update Winter 2017/2018 1 Introduction 2 What are the top issues facing the market as we enter 2018?
Monte Carlo Rendezvous de Septembre - (re)insurance can avoid 2019 Brexit crash landing
As the reinsurance market heads to Monte Carlo for the 2017 Rendezvous de Septembre, Stephen Netherway reviews where we are with the Brexit position and how this may play out for the market. Since the Brexit referendum, the UK’s financial services sector has moved relatively quickly to close out the risks to its business and clients.
Monte Carlo Rendezvous de Septembre - Preview
CMS Partners Stephen Netherway and Simon Kilgour share their top five issues facing the reinsurance sector. 3) AI – get first mover advantage in transformational tech 5) Staying profitable in soft markets – Time to manage claims and claims leakage better? As the (re)insurance industry heads en masse to the Riviera’s most famous principality, practitioners face a dizzying array of challenges. For reinsurers, brokers, MGAs and anyone in the supply chain it is a question of priorities.
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