Insurance News, views and more: October 2023

Insurance News, views and more - from Fenchurch Law

OCTOBER 2023

Introduction

Welcome to the latest Fenchurch Law newsletter: concise, topical and often opinionated articles on the insurance disputes market, all from a pro-policyholder perspective.

In this edition, Amy Lacey looks at the structural problems associated with RAAC and how it may affect the UK Construction sector.

Dru Corfield, assesses the UK regulatory landscape in Artificial Intelligence.

Jonathan Corman considers the Court of Appeal’s decision in RSA & Ors v Tughans, a successful outcome for our clients, Tughans, in their long-running dispute with their PI insurers.

In our “100 Cases Every Policyholder Needs to Know” series, we bring you two cases. Read why we think MacPhail v Allianz Insurance plc was an ugly decision and why Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd was a good one.

In our Team News section, discover how employees of Fenchurch Law completed the Chiltern 50 Ultra Challenge.

Lastly, we’ve got some great upcoming events this month, so please check out the events section below for more information.

I hope you enjoy reading Insurance News and Views and that you look out for future issues in your inbox

David Pryce
Founder and Managing Partner 


Viewpoint

Bubble Trouble: Aerated Concrete Claims and Coverage

Reinforced autoclaved aerated concrete (“RAAC”) is a lightweight cementitious material pioneered in Sweden and used extensively in walls and floors of UK buildings from the 1950’s to 1990’s.  Mixed without aggregate, RAAC is ‘bubbly’ in texture and much less durable than standard concrete, with an estimated lifespan of 30 years.  The air bubbles can promote water ingress, causing decay to the rebar and structural instability.

Read more here.


Risk, Regulation and Rewards: Regulatory Developments in Artificial Intelligence

With the Government’s White Paper consultation – “A pro-innovation approach to AI regulation” – having closed at the end of June, and the UK scheduled to host the first global summit on AI regulation at Bletchley Park in early November, now is an appropriate time to assess the regulatory lay-of-the-land in relation to this nascent technology.

Read more here.


Insurance for fees claims: RSA & Ors v Tughans

This Court of Appeal decision, in which our firm represented the successful respondents, considered the scope of a professional indemnity policy written on a full “civil liability” basis.  Will such a policy respond to a claim against a firm (in this case, a firm of Solicitors) for damages referable to its fee, for which the firm had performed the contractually agreed work, but where the fee was only paid by the client following a misrepresentation by the firm?

Read more here.


Top 100 cases - The Good, The Bad and the Ugly

We continue our “100 Cases Every Policyholder Needs to Know” feature – our opinionated and practical guide to the most important insurance decisions relating to the London/English insurance markets, all looked at from a pro-policyholder perspective. As a reminder, we call them:

·         “The Good” – cases that are correctly decided and positive for policyholders.

·         “The Bad” – decisions that are bad for policyholders, wrongly decided and in need of being overturned.

·         “The Ugly” – cases that can trip up even the most honest policyholder with the most genuine claim. Bad for policyholders but (even to our policyholder-tinted eyes) correctly decidedIn this edition we’re looking at two cases.

The first is an “Ugly one” – MacPhail v Allianz Insurance plc [2023] EWHC 1035 (Ch) – Read here.

The second is a “Good one” – Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd – Read here.


Team News

Chiltern 50 Ultra Challenge

We’re proud to share that on the 23rd of September 2023, employees of Fenchurch Law completed The Chiltern 50 Ultra Challenge.

The Chiltern 50 is a charity walk through the Chiltern Hills, a route that follows the Thames to Henley Bridge, then out into the picturesque countryside on Shakespears Way, Icknield Way, and Chiltern Way. The team walked a total distance of 50km (31 miles), with over 900 metres of climb.

We hit the trails to support MIND, a charity that’s doing incredible work in destigmatizing conversations around mental health and providing essential support to those in need.

A big thanks to everyone who supported us on this journey, if you’d like to donate, please visit our fundraising page here: https://www.justgiving.com/team/fenchurchlaw


And finally…

We want to know your views. If you have a question or an interesting point that you’d like to share about all things insurance related, please let us know by emailing info@fenchurchlaw.co.uk

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Insurance News, views and more: July 2023

Insurance News, views and more - from Fenchurch Law

JULY 2023

Introduction

Welcome to the latest Fenchurch Law newsletter: concise, topical and often opinionated articles on the insurance disputes market, all from a pro-policyholder perspective.

In this edition, Anthony McGeough and Joanna Grant look at a recent Covid-19 BI decision, as they examine the court’s judgment in Bellini (N/E) Ltd trading as Bellini v Brit UW Limited [2023] EWHC 1545 (Comm).

Elsewhere, Dru Corfield looks at AI technology, its legal implications and how it might affect the insurance industry.

Rob Goodship analyses the recent judgment in FM Conway Limited v The Rugby Football Union, Royal & Sun Alliance Insurance PLC, Clark Smith Partnership Limited.

In our “100 Cases Every Policyholder Needs to Know” series, read why we think Rashid v Direct Savings Limited [2022] 8 WLUK 108 was an ugly one.

Lastly, thank you to our broker partners that attended our Northern Coverage Symposium earlier this month. Find out more about our upcoming symposia in the events section below.

I hope you enjoy reading Insurance News and Views and that you look out for future issues in your inbox.

David Pryce
Founder and Managing Partner 


Viewpoint

Not so peachy – a disappointing Covid-19 decision for policyholders

Bellini (N/E) Ltd trading as Bellini v Brit UW Limited [2023] EWHC 1545 (Comm)

In a month where Covid-19 decisions are coming in thick and fast, policyholders will be disappointed by the most recent judgment concerning a disease wording.

On this occasion the policyholder, Bellini (N/E) Ltd, was issued with a policy by its insurer, Brit UW Limited, that contained an extension to business interruption cover for business interruption caused by damage arising from a notifiable disease manifested by any person whilst in the premises or within a 25-mile radius.

Read more here.


AI: The Wizard behind the Data Curtain?

“What is Chat GPT?” is a frequently heard question this year. “What is AI? How does it work?” is occasionally the follow up. And for the sceptics, “Will it take my job? Is it dangerous?” One cheerful BBC News headline recently read “Artificial Intelligence could lead to extinction, experts warn”.

Artificial Intelligence (AI) and Machine Learning Technologies (MLTs) have rapidly gone from the stuff of science fiction to real world usage and deployment. But how will they affect the insurance industry, what are the legal implications, and is the whole issue really that much of a concern?

Read more here.


Worth a Try? – judgment handed down on Rugby Football Union appeal

FM Conway Limited v The Rugby Football Union, Royal & Sun Alliance Insurance PLC, Clark Smith Partnership Limited

The Court of Appeal has handed down its judgment following FM Conway’s appeal of the High Court’s decision that it did not enjoy the same level of cover as its employer. Our previous article commenting on the first instance judgment can be found here.

The decision regards the potentially complicated factual and legal issues about the nature and extent of insurance cover obtained by one party on behalf of another.

Read more here.


Top 100 cases - The Good, The Bad and the Ugly

We continue our “100 Cases Every Policyholder Needs to Know” feature – our opinionated and practical guide to the most important insurance decisions relating to the London/English insurance markets, all looked at from a pro-policyholder perspective. As a reminder, we call them:

  • “The Good” – cases that are correctly decided and positive for policyholders.
  • “The Bad” – decisions that are bad for policyholders, wrongly decided and in need of being overturned.
  • “The Ugly” – cases that can trip up even the most honest policyholder with the most genuine claim. Bad for policyholders but (even to our policyholder-tinted eyes) correctly decided.

The latest case we’re looking is an “Ugly one” – Rashid v Direct Savings Limited [2022] 8 WLUK 108 – Read here.


Events

2023 Coverage Symposia

Thank you to our broker partners that attended our Northern Coverage Symposium in Leeds earlier this month. If you missed the event, don’t worry, we have two more symposia events later this year.

Through a series of informative talks, engaging panel sessions, and valuable networking opportunities, attendees will gain the knowledge and insights to confidently guide clients through common coverage problems.

Upcoming Symposia Events:

  • Southern Coverage Symposium
    • Date: 23 November 2023
    • Location: The Ned London
  • Belfast Coverage Symposium
    • Date: 7 December 2023
    • Location: Grand Central Belfast


And finally…

We want to know your views. If you have a question or an interesting point that you’d like to share about all things insurance related, please let us know by emailing info@fenchurchlaw.co.uk

Follow us