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Practice notes
Duty of 'fair presentation'Under the Insurance Act 2015, s 3 (IA 2015), the insured has a duty to make a 'fair presentation' of the risk to the...
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9th Nov
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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9th Nov
Practice notes
This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...
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9th Nov
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Practice notes
Decennial insurance is insurance that is taken out by contractors to cover costs associated with the potential collapse of a building after completion...
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Produced in partnership with David Savage of Charles Russell Speechlys LLP 12th Jan
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
The Practice Note entitled EU/UK financial and trade sanctions for insurers outlines the sanctions applicable to insurers, the nature of those...
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Produced in partnership with Daniel Martin of HFW 12th Jan
Practice notes
This Practice Note describes the main principles of marine insurance as governed by the Marine Insurance Act 1906. It looks at the principles of...
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9th Nov
Practice notes
The parties to a reinsurance contract and reinsurance terminologyThe principal parties to any reinsurance contract are the reinsurer, who assumes the...
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9th Nov
Practice notes
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...
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Produced in partnership with RPC 12th Jan
Practice notes
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook...
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9th Nov
Practice notes
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to...
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9th Nov
Practice notes
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or...
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Produced in partnership with Susie Wakefield and Matthew Brown of Shoosmiths LLP 12th Jan

Most recent Claims content

Practice notes
This Practice Note considers the key provisions of the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act), which replaced the Third...
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27th Apr
Practice notes
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...
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Produced in partnership with Ralph Morley of 7KBW 27th Apr
Practice notes
This Practice Note summarises the procedure for appointing arbitrators under the 3rd edition of the ARIAS (UK) Rules, which were adopted in 2014 (the...
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Produced in partnership with Ralph Morley of 7KBW 27th Apr
Practice notes
Arbitrations arising from insurance and reinsurance disputes share many common features with other types of commercial arbitration but have some...
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Produced in partnership with Ralph Morley of 7KBW 27th Apr
Practice notes
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...
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Produced in partnership with Ralph Morley of 7KBW 27th Apr
Practice notes
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...
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Produced in partnership with Ralph Morley of 7KBW 27th Apr
Practice notes
This Practice Note summarises the procedures for starting an arbitration and responding to notice of an arbitration in accordance with the third...
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Produced in partnership with Ralph Morley of 7KBW 27th Apr
Practice notes
This Practice Note summarises the procedure for progress of a dispute under the 3rd edition of the AIDA Reinsurance and Insurance and Arbitration...
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Produced in partnership with Ralph Morley of 7KBW 27th Apr
Practice notes
What is the Financial List?The Financial List is a specialist list in the High Court which came into force on 1 October 2015 to deal with complex...
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27th Apr
Practice notes
This Practice Note provides guidance on notification provisions in liability insurance policies. It explains the purpose of notification clauses and...
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Produced in partnership with Julia Dias QC of 7 King's Bench Walk 27th Apr
Practice notes
Purpose of the TP(RAI)A 2010The Third Parties (Rights against Insurers) Act 2010 (TP(RAI)A 2010) repeals and replaces the Third Parties (Rights...
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Produced in partnership with HFW 27th Apr
Practice notes
This Practice Note will assist when seeking to determine which court has jurisdiction for an insurance claim. Specifically, it addresses the reforms...
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Produced in partnership with Thomas Morgan of Reed Smith and Mark Pring of Reed Smith 26th Apr
Q&As
Section 33(3) of the Marine Insurance Act 1906, provides (in part), that if a warranty is breached, the insurer’s liability is completely discharged...
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21st Apr
Practice notes
Introduction to the Insurance Act 2015The Insurance Act 2015 (IA 2015) received Royal Assent on 12 February 2015 and, apart from Part 6 of the Act,...
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Produced in partnership with Oliver Saunders of Bryan Cave Leighton Paisner LLP 15th Apr
Practice notes
This Practice Note provides guidance when seeking to recognise a judgment in the courts of England and Wales for the purposes of enforcement under the...
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Produced in partnership with Giles Wheeler of Fountain Court Chambers 12th Apr
Precedents
The ARIAS (UK) model insurance and reinsurance arbitration clause is as follows:All disputes and differences arising under or in connection with this...
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1st Apr
Precedents
The ARIAS (UK) model fast track arbitration clause is as follows:All disputes and differences arising under or in connection with this contract shall...
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1st Apr
Precedents
The ARIAS (UK) model confidentiality clause is as follows:1. In the event of arbitration between the reinsured and a reinsurer subscribing to this...
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1st Apr
Precedents
ARIAS (UK) provides the following guidance in relation to the ARIAS (UK) AFTAR option clause:Parties may, by use of the ARIAS Fast Track Arbitration...
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1st Apr
Precedents
The ARIAS (UK) model appeal amendment clause is as follows:The parties are deemed to have agreed that there will be a right of appeal to the Courts...
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1st Apr

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