Insurance contracts

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Contracts of insurance under English law are governed by a combination of statutory regulation and principles developed by case law. Whether or not a contract is a contract of insurance is therefore a threshold question to determining what regulatory, statutory or common law principles apply.

For guidance as to the nature of insurance contracts, see Practice Notes: Identifying contracts of insurance in English law—an introduction, What is a contract of insurance? and Commentary: Pre-Contract Matters: McGee: The Modern Law of Insurance [5.1]. For a practical guide to determining whether an arrangement constitutes a contract of insurance, see Practice Note: Identifying a contract of insurance—flowchart.

Historically, insurance contracts were governed by the Marine Insurance Act 1906 (MIA 1906), which was largely a codification of principles derived from case

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Latest Insurance & Reinsurance News

Insurance & Reinsurance weekly highlights—17 July 2025

This week's edition of Insurance weekly highlights includes: Desai v Wood, Sky UK Ltd v Riverstone Managing Agency Ltd, Insurers brace for disputes when US tariff pause ends, LMA warns of risks after Houthi ship attacks, MHCLG publishes response to consultation on permitted insurance fees for landlords and freeholders, Insurers argue US$37m liability void over director's charges, Chancellor: Mansion House 2025, Leeds Reforms and the Financial Services Growth & Competitiveness Strategy, PRA and FCA consult on Phase One reforms to SM&CR, EIOPA publishes annexes to 2021 opinion on risk mitigation techniques used by insurance undertakings, EIOPA submits first Solvency II technical standards and revised guidelines to European Commission, EIOPA launches consultation on revised supervisory college information exchange guidelines, EIOPA launches consultation to streamline solvency II reporting plus dates for your diary and key recent cases.

EIOPA publishes annexes to 2021 opinion on risk mitigation techniques used by insurance undertakings

The European Insurance and Occupational Pensions Authority (EIOPA) has published two annexes to its 2021 Opinion on the use of risk-mitigation techniques by insurance undertakings. The annexes provide guidance on the supervision of mass-lapse reinsurance and reinsurance agreements’ termination clauses. EIOPA stated that the aim is to promote convergent supervisory approaches across Europe.

LMA warns of risks after Houthi ship attacks

Law360, London: The Lloyd's Market Association (LMA) has urged caution to cargo companies and their insurers operating in the Red Sea after two deadly attacks by Houthis on shipping vessels this week.

Chancellor: Mansion House 2025, Leeds Reforms and the Financial Services Growth & Competitiveness Strategy

The Chancellor of the Exchequer, Rachel Reeves, has launched the Financial Services Growth & Competitiveness Strategy and the Leeds Reforms, comprising a range of regulatory initiatives.

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