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When can the insurance jurisdiction rules be relied on? (KABEG v Mutuelles du Mans assurances—MMA IARD SA)

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Published on: 04 August 2017

Published by a LexisNexis Dispute Resolution expert

Table of contents

Original news
What issues did this case raise?
To what extent is the judgment helpful in clarifying the law in this area?
Are there any grey areas or unresolved issues that practitioners will need to watch out for?
What are the practical and/or wider implications of this case?
What are the implications for practitioners? What will they need to be mindful of when advising in this area? Any best practice tips?

Article summary

Dispute Resolution analysis: Discussing the judgment in KABEG v Mutuelles du Mans assurances—MMA IARD SA, Alistair Mackenzie, a barrister at 2 Temple Gardens, says this case should put to rest any suggestion that courts should engage in a fact-sensitive analysis as to relative economic strength on jurisdiction applications. Where an employer brings a claim against an insurer seeking reimbursement for an employee’s salary during incapacity, it is to be regarded as the weaker party and able to rely on the generous jurisdiction rules applicable in matters relating to insurance.

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