HFW Insurance Bulletin: July 2019 Edition 1

Insight, Insurance and Reinsurance, Legal, Marine Insurance — By on July 10, 2019 at 4:39 PM

Costas Frangeskides
Holman Fenwick Willan LLP

HFW Insurance Bulletin: July 2019 Edition 1

 In this issue: In this issue: Court cases and arbitration; Market Developments

1. Court cases and arbitration

  • England & Wales: Woodward v Phoenix: all’s fair in love and war?
    The Court of Appeal has recently addressed the question of whether a solicitor has a duty to point out a mistake by his opponent, in circumstances where not doing so could deprive a claimant of its claim altogether.
  • Australia: Insolvent but still not excluded
    The appeal decision of the Full Federal Court in AIG Australia Limited v Kaboko Mining Limited confirmed that an insolvency exclusion D&O policy was not triggered where a cause of action by a company against its former directors did not contain allegations of insolvency, notwithstanding that the directors’ actions arguably led to the company’s insolvency.

    Brendan McCashin

    2. Market developments

    For further information please contact the authors of this bulletin.

Rebecca Huggins


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