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PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. This year’s annual round-up reviews some of the most significant insurance & reinsurance regulatory developments of 2017 and previews what is on the horizon for 2018. In 2017, we took a look at the Insurance Distribution Directive (IDD) and the consultation papers; and the Packaged Retail Investment Insurance-based Products regulation (PRIIPs), including the Key Information Document (KID). In 2018, we will continue our coverage of the implementation of the IDD and PRIIPs. It also includes updates on key insurance and reinsurance cases in the last year. Also included are updates on LexisNexis®’s content, including news of exciting developments from the past year and what is coming up. Reviewing 2017 Regulatory A number of significant regulatory changes were consulted upon during the past year: The Insurance Distribution Directive (IDD) What happened? Following on to the Insurance Mediation Directive (IMD) Directive (2002/92/EC), the Insurance Distribution Directive (IDD) was designed to build on the current
PRACTICE NOTES
ARCHIVED: This case tracker has been archived and is no longer maintained. This focuses on 2016 insurance-related decisions in the High Court, Court of Appeal, Supreme Court and Court of Justice of the European Union (including the General Court and the Court of Justice). It is compiled through our observation and analysis of relevant court proceedings, which at times includes accounts from our own law reporters in attendance at court. The aim of the tracker is to capture important cases as quickly as possible, and all in one convenient place. The tracker displays the status of cases reported on since January 2016 including upcoming cases and is updated fortnightly. The following abbreviations are used: • European Court of Justice / Court of Justice of the European Union—ECJ • Court of Justice of the European Union–General Court–CJEU-GC • Supreme Court—SC • Court of Appeal—CA • High Court—HC • Privy Council—PC • Queen's Bench Division—QBD Decided cases 2016 December 2016 Court Case Name Subject Details HC Spire Healthcare Ltd v Royal & Sun Alliance
PRACTICE NOTES
ARCHIVED: This has been archived and is no longer maintained. This tracker focuses on insurance-related cases in the High Court, Court of Appeal, Supreme Court and Court of Justice of the European Union (including the General Court and the Court of Justice). It is compiled through our observation and analysis of relevant court proceedings, which at times includes accounts from our own law reporters in attendance at court. The aim of the tracker is to capture important cases as quickly as possible, and all in one convenient place. The Insurance case tracker displays the status of cases reported on since January 2017 including upcoming cases and is updated fortnightly. The following abbreviations are used: • European Court of Justice / Court of Justice of the European Union—ECJ • Court of Justice of the European Union–General Court–CJEU-GC • Supreme Court—SC • Court of Appeal—CA • High Court—HC • Privy Council—PC • Queen's Bench Division—QBD For previous years, see: • Insurance & Reinsurance case tracker—2016 Decided cases 2017 December 2017 Court Case Name Subject Details CA
PRACTICE NOTES
ARCHIVED: This has been archived and is no longer maintained. This case tracker focuses on insurance-related court cases in the High Court, Court of Appeal, Supreme Court and Court of Justice of the European Union (including the General Court and the Court of Justice). It is compiled through our observation and analysis of relevant court proceedings, which at times includes accounts from our own law reporters in attendance at court. The aim of the tracker is to capture important cases as quickly as possible, and all in one convenient place. The Insurance case tracker displays the status of court cases reported on since January 2018 including upcoming cases and is updated fortnightly. The following abbreviations are used: • European Court of Justice/Court of Justice of the European Union—ECJ • Court of Justice of the European Union-General Court–CJEU-GC • Supreme Court—SC • Court of Appeal—CA • High Court—HC • Privy Council—PC • Queen's Bench Division—QBD For previous years, see: • Insurance & Reinsurance case tracker—2017 [Archived] • Insurance & Reinsurance case tracker—2016 Upcoming cases Court Case name Status Details ECJ Port
PRACTICE NOTES
ARCHIVED: This has been archived and is no longer maintained. This case tracker focuses on insurance and reinsurance related court cases in the High Court, Court of Appeal, Supreme Court and Court of Justice of the European Union (including the General Court and the Court of Justice). It is compiled through our observation and analysis of relevant court proceedings. The following abbreviations are used: • European Court of Justice/Court of Justice of the European Union—ECJ • Court of Justice of the European Union-General Court–CJEU-GC • Privy Council—PC • Supreme Court—SC • Court of Appeal—CA • High Court—HC • Queen's Bench Division—QBD • Technology and Construction Court—TCC For previous years, see: • Insurance & Reinsurance case tracker—2018 [Archived] • Insurance & Reinsurance case tracker—2017 [Archived] • Insurance & Reinsurance case tracker—2016 [Archived] Upcoming cases Court Case name Details Status ECJ AC, TM, GM & MM v (1) ABC SL (2) XYZ PLC [2019] Lexis Citation 443 The first defendant was a Spanish company which provided fertility treatment to the first
PRACTICE NOTES
ARCHIVED: The Insurance & Reinsurance case tracker—2020 has been archived and it is no longer maintained. For the most recent decisions, see: Insurance & Reinsurance case tracker—2021 [Archived]. This case tracker focuses on insurance and reinsurance related court cases in the High Court, Court of Appeal, Supreme Court and Court of Justice of the European Union (including the General Court and the Court of Justice). It is compiled through our observation and analysis of relevant court proceedings. The Insurance & Reinsurance case tracker displays the status of court cases reported since January 2020 (including upcoming cases) and is updated fortnightly. The following abbreviations are used: • European Court of Justice/Court of Justice of the European Union—ECJ • Court of Justice of the European Union-General Court–CJEU-GC • Privy Council—PC • Supreme Court—SC • Court of Appeal—CA • High Court—HC • Queen's Bench Division—QBD • Technology and Construction Court—TCC For previous years, see: • Insurance & Reinsurance case tracker—2019 [Archived] • Insurance & Reinsurance case tracker—2018 [Archived] • Insurance & Reinsurance case tracker—2017 [Archived] • Insurance & Reinsurance case tracker—2016 [Archived] Appeals tracker
PRACTICE NOTES
ARCHIVED: The Insurance & Reinsurance case tracker—2021 has been archived and is not maintained. This case tracker focuses on insurance and reinsurance related court cases and decisions. The Insurance & Reinsurance case tracker displays the status of court cases reported since January 2021 (including upcoming appeals) and is updated fortnightly. The following abbreviations are used: • European Court of Justice/Court of Justice of the European Union—ECJ • Supreme Court—SC • Court of Appeal—CA • High Court—HC • Queen's Bench Division—QBD • Technology and Construction Court—TCC For previous years, see: • Insurance & Reinsurance case tracker—2020 [Archived] • Insurance & Reinsurance case tracker—2019 [Archived] Appeals tracker Court Case name Details Status QBD R (on the application of Aviva Insurance Ltd) v Secretary of State for Work and Pensions [2021] EWHC 30 (Admin)  The High Court granted the British government permission to appeal the finding that the Social Security (Recovery of Benefits) Act 1997, that holds insurers liable for asbestos-related diseases to pay the state, violates the Human Rights Act 1998. Permission
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This case tracker focuses on insurance and reinsurance-related court cases and decisions. The Insurance & Reinsurance case tracker displays the status of court cases reported since January 2022 (including upcoming appeals) and is updated fortnightly. The following abbreviations are used: • European Court of Justice/Court of Justice of the European Union—ECJ • Supreme Court—SC • Court of Appeal—CA • High Court—HC • King's Bench Division—KB • Technology and Construction Court—TCC For previous years, see: • Insurance & Reinsurance case tracker—2021 [Archived] • Insurance & Reinsurance case tracker—2020 [Archived] • Insurance & Reinsurance case tracker—2019 [Archived] Decided cases 2022 December Court Case name Subject Details KB Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) Subrogation and non-assignment clauses The English Commercial Court found that a non-assignment clause in an English aircraft sale contract precluded the insurer's operation of a power of subrogation under Japanese law. This is a decision which may come
PRACTICE NOTES
ARCHIVED: The Insurance & Reinsurance case tracker—2023 has been archived and is not maintained. This case tracker focuses on insurance and reinsurance-related court cases and decisions. The Insurance & Reinsurance case tracker displays the status of court cases reported since January 2023 and is updated fortnightly. The following abbreviations are used: • European Court of Justice/Court of Justice of the European Union—ECJ • Supreme Court—SC • Court of Appeal—CA • High Court—HC • King's Bench Division—KB • Technology and Construction Court—TCC For previous years, see: • Insurance & Reinsurance case tracker—2022 [Archived] • Insurance & Reinsurance case tracker—2021 [Archived] • Insurance & Reinsurance case tracker—2020 [Archived] Decided cases 2023 December Court Case name Subject Details CA The University of Exeter v Allianz Insurance Plc [2023] EWCA Civ 1484 Property insurance—war exclusion—proximate causation A London appeals court sided with an insurance company on 14 December 2023, ruling that it shouldn't have to cover damage at a university campus over the controlled explosion of a World War II bomb found during construction.The
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived is not maintained. This case tracker focuses on insurance and reinsurance-related court cases and decisions. The Insurance & Reinsurance case tracker displays the status of court cases reported since January 2024 and is updated fortnightly. The following abbreviations are used: • Supreme Court—SC • Court of Appeal—CA • King's Bench Division—KB • Chancery Division—Ch • The Technology and Construction Court—TCC • The Inner House of the Court of Session (Scotland)—CSIH • The Outer House of the Court of Session (Scotland)—CSOH • Judicial Committee of the Privy Council—JCPC For previous years, see: • Insurance & Reinsurance case tracker—2023 [Archived] • Insurance & Reinsurance case tracker—2022 [Archived] • Insurance & Reinsurance case tracker—2021 [Archived] • Insurance & Reinsurance case tracker—2020 [Archived] Decided cases 2024 December Court Case name Subject Details CA Sky UK Ltd v Riverstone Managing Agency Ltd and other companies [2024] EWCA Civ 1567 Construction Sky succeeded in its multimillion-pound dispute with insurers over water damage to the roof of its headquarters,
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived is not maintained. For cases reported in 2026, please see Practice Note: Insurance & Reinsurance case tracker—2026. This case tracker focuses on insurance and reinsurance-related court cases and decisions. The Insurance & Reinsurance case tracker displays the status of court cases reported January–December 2025 and was updated fortnightly. The following abbreviations are used: • Supreme Court—SC • Court of Appeal—CA • King's Bench Division—KB • Chancery Division—Ch • Central London County Court—CLCC • The Technology and Construction Court—TCC • The Inner House of the Court of Session (Scotland)—CSIH • The Outer House of the Court of Session (Scotland)—CSOH • Judicial Committee of the Privy Council—JCPC For previous years, see: • Insurance & Reinsurance case tracker—2024 [Archived] • Insurance & Reinsurance case tracker—2023 [Archived] • Insurance & Reinsurance case tracker—2022 [Archived] • Insurance & Reinsurance case tracker—2021 [Archived] • Insurance & Reinsurance case tracker—2020 [Archived] Decided cases 2025 December Court Case name Subject Details Ch Re Mercantile Indemnity Company Ltd and others [2025] EWHC 3396 (Ch) Company
PRACTICE NOTES
This case tracker focuses on insurance and reinsurance-related court cases and decisions. The Insurance & Reinsurance case tracker displays the status of court cases reported since January 2026 and is updated fortnightly. The following abbreviations are used: • Supreme Court—SC • Court of Appeal—CA • King's Bench Division—KB • Chancery Division—Ch • Central London County Court—CLCC • The Technology and Construction Court—TCC • The Inner House of the Court of Session (Scotland)—CSIH • The Outer House of the Court of Session (Scotland)—CSOH • Judicial Committee of the Privy Council—JCPC For previous years, see: • Insurance & Reinsurance case tracker—2025 [Archived] • Insurance & Reinsurance case tracker—2024 [Archived] • Insurance & Reinsurance case tracker—2023 [Archived] • Insurance & Reinsurance case tracker—2022 [Archived] • Insurance & Reinsurance case tracker—2021 [Archived] • Insurance & Reinsurance case tracker—2020 [Archived] Decided cases 2026 September Court Case name Subject Details CA AXA France Iard S.A. and another company v Santander Cards UK Ltd and another[2026] EWCA Civ 1185 Contract ~ Construction of Indemnity Clause ~ Whether Indemnity Clause