Insurance News, views and more: July 2023

David Pryce

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 

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.

Dru Corfield

“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.

Rob Goodship

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.

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.

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