Insurance

 

Members who specialise in this area have niche experience in insurance matters arising in two principal respects, namely in the operation of Part VI of the Road Traffic Act 1988 (and in particular ss151 and 152 of that Act) together with long tail/’trigger’ cover in respect of disease arising from exposure many decades ago. Influential cases which members have been involved in include: 

·         Lauder v Smith (1) & Lovis (2) CA 2000.– a precursor case to Wilkinson v Fitzgerald & Churchill which, itself, now proceeds to the ECJ on the issue of the ability of the insurer to invoke s151(8) RTA 88 to avoid or limit third party exposure

·         KGM v Whitlam [2004] EWCA Civ 1600 (material non-disclosure of status as part time golf professional leading to insurers repudiation of contract of motor indemnity)

·         Bateman v Danks Holdings & Bristol Babcock Ltd [2009] EWHC 2082 (QB) and Carter v Freeman [2008] EWHC 3576 (QB) (separate appeals arising out of similar issues, namely whether a valid assignment of an exposer-employer’s liability to an employee subsequently developing asbestos related disease was possible and if so, the effect this had upon the liability of the insurer on risk at the time of the exposure)

To view a list of our members who specialise in this area, please click on the drop down menu to the left.