- Choice of law and jurisdiction clauses in insurance contracts (Assens Havn v Navigators Management)
- Original news
- What was the background to the case?
- What issue arose for the Court of Justice’s consideration?
- What did the court decide, and why?
- To what extent is the judgment helpful in clarifying the law in this area? Are there still any grey areas practitioners will need to watch out for?
- How does the decision fit in with other developments in this area of law?
- What are the implications for practitioners? What will they need to be mindful of when advising in this area?
Insurance analysis: Would a port authority bringing an action directly against a charterer’s insurer for damage caused to quay installations by the charterer’s vessel be bound by a choice of law and jurisdiction clause in the insurance policy agreed between the charterer and the insurer? Paul Dean, partner and Emilie Bokor-Ingram, senior associate at HFW, examine the Court of Justice’s answer in Assens Havn v Navigators Management (UK).
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