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Insurance

06 October 2020
Christiaan Jordaan No faulty workmanship in Alberta Court of Appeal's interpretation of common exclusion clause

Canada - Theall Group LLP

The Alberta Court of Appeal recently addressed a recurring coverage issue: the conflict between the broad protection intended by an 'all perils' property insurance policy and an exclusion for the costs of making good faulty workmanship. Based in part on the general purpose of such insurance, the decision held that property damage directly caused by the faulty workmanship of a contractor was covered, as long as it was outside the scope of work for which the contractor had been hired.

Author: Christiaan Jordaan
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Christian Werenberg Recharge of sum insured: whose duty and what are the consequences of failing to do so?

Denmark - WSCO Advokatpartnerselskab

In a recent ruling on the recharge of the sum insured in a project liability insurance policy, the Danish Building and Construction Arbitration Board ruled that the obligation to recharge was incumbent on the policyholder (adviser), regardless of whether the client had requested it or not. This article examines the ruling and highlights the conditions that parties should be aware of when refilling.

Author: Christian Werenberg
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Steffen Maelicke Yacht hull insurance: coverage if insured was unaware that yacht was unfit to sail

Germany - Arnecke Sibeth Dabelstein

In 2019 the Flensburg court considered damage to a sailing yacht which had occurred during a sailing regatta (ie, a series of boat races) in 2010. The judgment strengthens the legal position of insureds with yacht hull insurance. It highlights that insurers have the onus to prove that the insured was aware of the unseaworthiness when the voyage commenced. It is not enough to prove the unseaworthiness – insurers must prove that the owner was aware thereof.

Author: Steffen Maelicke
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Tammy Greenberg Supreme Court rules on 3% capitalisation interest for subrogation claims filed by NII

Israel - Levitan, Sharon & Co

The Supreme Court recently answered a crucial question which could affect the reserves for bodily injury claims of all Israeli insurers and hence affect their balance sheets. According to the decision, the relevant annual capitalisation interest that should apply in respect of subrogation claims filed by the National Insurance Institute (NII) is 3% regardless of the fact that the NII paid allowances to the injured based on an annual capitalisation interest of 2%.

Author: Tammy Greenberg
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David Maria Marino Insurance Distribution Directive and product oversight and governance – new IVASS measures enacted

Italy - DLA Piper

With two measures introduced in August 2020, IVASS (the Italian insurance regulator) has approved changes and certain rules – effective as of 31 March 2021 – to various IVASS regulations concerning distribution and product oversight and governance for insurers and distributors. This article highlights the main changes.

Author: David Maria Marino
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Paul Lewis Judgment handed down in FCA's COVID-19 business interruption insurance test case

United Kingdom - Herbert Smith Freehills LLP

The High Court has handed down judgment in the COVID-19 business interruption insurance test case of The Financial Conduct Authority v Arch. Following expedited proceedings, the judgment brings highly anticipated guidance on the proper operation of cover under certain non-damage business interruption insurance extensions.

Authors: Paul Lewis, Sarah McNally, Greig Anderson, Antonia Pegden
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Recent updates

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Canada - Theall Group LLP

Author: Dylan Cox
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China - AnJie Law Firm

Authors: Hao Zhan, Jia Wan, Agnes Wang
Andreas Meidell Pandemic delay clause in Nordic marine loss of hire insurance

Norway - Advokatfirmaet Thommessen AS

Authors: Andreas Meidell, Henrik Hagberg, Henrik Fabian Torgrimsby, Bettina Thaulow Harto
Miryam Lassalle Distance insurance contracts: points to consider during pre-contractual phase

International - NautaDutilh Avocats Luxembourg S.à r.l.

Author: Miryam Lassalle
Bernardo de Senna Regulatory changes for reinsurers

Brazil - CAL - Costa, Albino & Lasalvia Advogados

Authors: Bernardo de Senna, Geoffrey Conlin
Dieter Schwampe German Insurance Association releases amended sanctions clause

Germany - Arnecke Sibeth Dabelstein

Author: Dieter Schwampe
Celia Jenkins Health insurance cover for mental illnesses

India - Tuli & Co

Authors: Celia Jenkins, Anuj Bahukhandi, Nimisha Srivastava
Hans Hammarbäck Group insurance in Sweden: general overview and implications of EU legislative acts

Sweden - Mannheimer Swartling

Authors: Hans Hammarbäck, Lovisa Hedlund, Jennie Wahlgren

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