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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 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 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 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
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
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
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
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
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
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
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
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
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
With the significant rise in the use of Warranty and Indemnity (W&I) insurance in private M&A transactions, lawyers are increasingly involved in the...
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Produced in partnership with Adrian Furlonge of Hemsley Wynne Furlonge LLP 12th Jan
Practice notes
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
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Produced in partnership with Laura Bolado 12th Jan
Practice notes
Arbitrations arising from insurance and reinsurance disputes share many common features with other types of commercial arbitration. This Practice Note...
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Produced in partnership with Ralph Morley of 7KBW 12th Jan

Most recent Property insurance content

Practice notes
OverviewIn normal circumstances the only recourse available to a building owner, on discovering a defect, is to seek recovery from the contractor or...
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Produced in partnership with David Savage, Construction partner at Charles Russell Speechlys 8th Apr
Practice notes
Landlord or property ownerThe freeholder has the greatest long-term interest in the property as a capital investment, which for a landlord provides an...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes
A tenant may be given rights under an agreement for lease to enter a property prior to completion in order to carry out fit out works. This is...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes
When refurbishment or fit out works are to be completed in an existing building or where an existing building is being extended, the employer under...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes
Pool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early 1990s in London and elsewhere...
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8th Apr
Practice notes
Who insures?Whenever practical a tenant's solicitor should propose that the premises are insured in the joint names of the landlord and the tenant....
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8th Apr
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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8th Apr
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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8th Apr
Practice notes
Even if a specialist subcontractor is not providing any significant degree of design input in relation to its particular element of the developer’s...
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8th Apr
Practice notes
Tenants frequently carry out fit-out works at (or often prior to) the start of a lease and may also carry out refurbishment or further fit-out works...
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8th Apr
Practice notes
In most commercial leases the landlord effects:•building insurance, and •insurance for loss of rent—for the period it estimates it will take to...
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8th Apr
Practice notes
In real estate finance transactions, the property is the main asset of the borrower and the security package taken by the lender will be based around...
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8th Apr
Practice notes
Insured risksIt is in the tenant’s interests to ensure the landlord covenants to insure against as comprehensive a range of risks as possible as:•an...
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8th Apr
Practice notes
If there is no express provision on insurance in the agreement for lease then, under open contract:•neither party is obliged to insure the property,...
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8th Apr
Practice notes
This Practice Note sets out the issues that a developer should consider in respect of rights of light (ROL) insurance and the common requirements,...
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8th Apr
Practice notes
Usually a lease provides that in the event of damage or destruction, such that the tenant is unable to occupy or trade from the property or access it,...
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8th Apr
Practice notes
Level of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant where the landlord’s obligation...
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8th Apr
Practice notes
In some respects, the only real value in any contractual duty under an appointment or obligation under a warranty'>collateral warranty lies in the...
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8th Apr
Practice notes
Insuring the developer’s worksAs between the developer and the tenant, the developer should covenant:•to ensure that the developer’s works are insured...
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8th Apr
Practice notes
Most modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and on the landlord to insure the...
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8th Apr

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