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...
When does risk pass to the buyer? The fundamental principle which most contracts invariably follow is that risk passes to the buyer on exchange of contracts—the parties...
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...
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 property or the...
Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice...
Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice...
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 insurer. The duty of fair...
STOP PRESS: The Insurance Act 2015 came into force on 12 August 2016 and made some fundamental changes to the commercial insurance regime as contained in the Marine...
Pool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early 1990s in London and elsewhere in England related to...
Level of cover It is in both parties’ interests for the premises to be adequately insured (particularly for the tenant where the landlord’s obligation is simply to apply...
No suspension implied A suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even though the...
Insured risks It is in the tenant’s interests to ensure the landlord covenants to insure against as comprehensive a range of risks as possible as: • an unqualified...
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. The advantages to the...
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 during the term....
The Riot Compensation Act 2016 (RCA 2016) creates a new scheme in England and Wales to allow compensation to be claimed for property damaged, destroyed or stolen in the...
In most commercial leases the landlord effects: • building insurance, and • insurance for loss of rent—for the period it estimates it will take to reinstate the premises...