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‘Tilley, Helen’
High Court sets aside FOS awards obtained by fraud

19 May 2015

High Court agrees insurer and FOS defrauded and therefore sets aside two FOS awards and declares them unenforceable. 

Insurance Brief - March 2015

27 March 2015

Welcome to this month’s edition of Insurance Brief.
In this issue, we report on three recent High Court decisions. The first concerns an anti-suit injunction granted to restrain proceedings brought against a P&I Club in Turkey to give effect to a “pay to be paid” clause in the insurance policy.

Residency reviewed in context of group life cover

26 March 2015

Overseas relocation cover gap leads to unsuccessful group life claim where policy required insured to be “ordinarily employed and resident in the United Kingdom”.

Forfeiture rule and life cover

21 February 2012

The Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (“the 2011 Act”) came into force on 1 February 2012. The Act amends the law of succession where a person rejects an inheritance or is disqualified from receiving an inheritance by reason of the Forfeiture Rule.

Bribery Act 2010 - The final countdown

27 May 2011

Having received royal assent back in April 2010, with implementation originally expected in October 2010, then April 2011, the Bribery Act 2010 seems a long time coming. However, as the Ministry of Justice has published its long-awaited guidance on the “adequate procedures” defence, the Act will come into force on 1 July 2011. What can we expect?

Comment on Achats ECJ decision of 1 March 2011 regarding use of gender when pricing and providing insurance benefits.

03 March 2011

The European Court of Justice ruled that art. 5(2) of the EU Gender Directive would be invalid from 21 December 2012. The objective of the Gender Directive (2004/113/EC) in the context of insurance was to have unisex premiums and benefits. But art. 5(2) had allowed a derogation.

Acceptance of FOS award prevents further civil recovery

15 December 2010

In a landmark ruling, the High Court has decided that a claimant cannot accept a FOS award and subsequently sue in the civil courts for additional payment.

Professional indemnity: Limitation

25 November 2010

Court of Appeal holds cause of action accrued when fraudulent transfer completed on sale of property, not when transfer registered.

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