Insurance contracts have always had an aura of mystery about them in the eyes of law students and lawyers. This is because they are contracts of the utmost good faith....
This Practice Note explains the rights held by certain categories of person to sue authorised firms in circumstances in which they have suffered a loss. The legislative...
This Practice Note is an introduction to the Fast Track Rules of the AIDA Reinsurance and Insurance and Arbitration Society of the UK or the ARIAS Fast Track Rules (AFTAR...
Aggregation—background Aggregation remains a major issue in the settlement of insurance and reinsurance claims leading to a number of disputes across the market. Claims...
This Practice Note provides guidance on the third edition of the ARIAS (UK) Rules adopted in 2014 (the ARIAS Rules). For guidance on adopting the ARIAS Fast Track...
This Practice Note summarises the procedure for appointing arbitrators under the 3rd edition of the ARIAS (UK) Rules, which were adopted in 2014 (the ARIAS Rules). For an...
This Practice Note summarises the procedure for progress of a dispute under the 3rd edition of the AIDA Reinsurance and Insurance and Arbitration Society (ARIAS) (UK)...
This Practice Note summarises the procedures for starting an arbitration and responding to notice of an arbitration in accordance with the third edition of the ARIAS (UK)...
This Practice Note summarises the procedure for the progress of a dispute under the third edition of the ARIAS (UK) Rules which were adopted in 2014 (the ARIAS Rules)....
The UK and EU’s specific proposals for dealing with jurisdiction of disputes will be a key issue for UK practitioners. This Practice Note considers the impact that Brexit...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for dealing with jurisdiction of disputes will be a key issue for...
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the provisions in Regulation (EC) 44/2001, Brussels I (also known as...
The principle of subrogation Subrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy, to ‘step into the...
What is subrogation? Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of another and to bring...
The rules for how firms should deal with complaints by customers are contained in the Dispute Resolution: Complaints Sourcebook (DISP) in the Financial Conduct Authority...
This Practice Note considers the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) and the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A...
This Practice Note looks at costs insurance (sometimes known as legal expense insurance (LEI)), which is the means by which an insured person is protected against the...
Joint insurance Joint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a single insurance...
Overlapping insurance polices There are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise. Examples include...
The compulsory jurisdiction of the Financial Ombudsman Service (FOS) is defined in Chapter 2 of the Financial Conduct Authority (FCA) Dispute Resolution: Complaints...
What is an 'eligible complainant'? In order to refer a complaint to the Financial Ombudsman Service (FOS), a person must be an 'eligible complainant'. This applies...
Awards by the FOS Where a complaint to the Financial Ombudsman Service (FOS) is upheld, the FOS may order a respondent firm (the respondent) to pay money, costs and/or...
The voluntary jurisdiction of the Financial Ombudsman Service (FOS) is defined in Chapter 2 of the Financial Conduct Authority's (FCA) Dispute Resolution: Complaints...
What is insurance law? Insurance law can be split into three parts: • insurance contract law which governs the contractual relationship between insureds and insurers •...
