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Insurers Not Presumed to Know Facts Merely Because They Are Available on the Internet

Should the insurer be presumed to have knowledge of matters that it could have discovered from public resources? The Court of Appeal in Hua Tyan Development Limited v. Zurich Insurance Company Limited [2012] 5 HKC 117 unanimously held not.

Mayor Brown
Insurance Law Update

Noteworty new opinions

Morrison Mahoney LLP
FSB Applies key attributes to Insurers
Debevoise & Plimpton LLP
New York Insurance Holding Co.Law & Regulation Amendments 2013
Debevoise & Plimpton LLP
Reinsurance Review
Goldberg Segalla
NAIC 2013 Summer National Meeting
Debevoise & Plimpton LLP
Marine, trade and energy newsletter summer 2013
Hill Dickinson
UK Supreme Court upholds general rule on prioritisation of claims in liability insurance

In Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd[1] the Supreme Court considered whether an insured and its captive insurer were entitled to choose the order in which claims were paid under a tower of insurance contracts, in order to maximise the insured's recovery under its professional indemnity insurance programme.

DLA Piper
Clark Hill Thorp Reed’s Insurance & Reinsurance Briefing

Highlights recent developments in the insurance and reinsurance industry.

Clark Hill Thorp Reed
Multiple losses and multiple policies: who pays?
Addleshaw Goddard
The Radius of Atradius: The limits of Fraudulent Misrepresentation and Section 54

The New South Wales Court of Appeal has clarified that where insurers allege fraudulent misrepresentation or non-disclosure, the court must inquire into the subjective state of mind of the maker of the statement.  Analysis of whether a person’s conduct is careless or reckless from an objective viewpoint is insufficient.

A Precedent-Setting Russian Case May Force Reinsurers to Pay Beyond the (Original) Reinsurance Term

In a precedent-setting case, Russian courts (including the Russian Federation Supreme Arbitrazh Court) ordered Infrassure, a Swiss reinsurer, to pay US$34.4 million to its reinsured, a Russian subsidiary of Allianz (formerly ROSNO).


Jones Day
Client Alert

Connecticut Supreme Court: “Make Whole” Doctrine Is Default Rule, But Does Not Apply to Policy Deductibles

Wilson Elsner
Prioritsation of Losses

Losses under a programme of excess liability insurance are sometimes prioritised in order to maximise the potential insurance recoveries under the programme. On 31 July 2013, the Supreme Court confirmed the order in which such losses should be prioritised.

Mills & Reeve
Reinsurance Update – August 2013
Steptoe & Johnson LLP