HFW Briefing – A victory for insurers? A question again. European Court to decide whether to allow direct actions against insurers

Associations, Insurance and Reinsurance, Legal, Marine Insurance, Organisations — By on September 27, 2016 at 10:06 AM

HFW SEPT 2016 Briefing

A victory for insurers? A question again. European Court to decide whether to allow direct actions against insurers

Denmark’s highest court has asked the European Court of Justice (ECJ) to determine whether a claimant bringing a direct action against an insurer is bound by the jurisdiction agreement between the insurer and insured. The outcome could have significant implications for P&I Clubs. If the ECJ finds in the claimant’s favour, this would allow direct action against insurers throughout the EU and EFTA in any member state where such direct action is permitted, irrespective of any jurisdiction agreements in the relevant policies.
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