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Case Reviews
Liability/Insurance & Reinsurance
Cases published - November 2008
| Title | Subtitle | Synopsis | Reference | Read more |
|---|---|---|---|---|
| Public Liability | Personal injury |
Claimant rendered tetraplegic by skiing accident succeeds in claim; ski instructor should not have allowed him to ski in off-piste area |
Anderson v Snowbizz & Portjoie | Read more |
| Public Liability | Animals Act 1971 | Equestrian centre not liable under Animals Act where horse bucked when it went into a canter |
Freeman v Higher Park Farm | Read more |
| Employers Liability | Causation | Usual “but for” rule of causation should apply to claim by employee; claim arising out of bacterial infection fails |
Hull v Sanderson | Read more |
| Liability | Stress at work | Claim for damages for stress related symptoms fails as Claimant was not suffering from a diagnosable condition |
Hussain v Chief Constable of West Mercia | Read more |
| Employers Liability | Stress at work | Claimant fails in stress claim; Court finds it was not reasonably foreseeable that he would suffer injury to his health |
Paterson v Surrey Police Authority | Read more |
| Title | Subtitle | Synopsis | Reference | Read more |
|---|---|---|---|---|
Policy |
Allocation of jurisdiction |
English Court has jurisdiction to determine a claim by English insurers for a declaration of non liability to a French insurer. |
Youell & others v La Reunion Aerienne & others [22.10.08] | Read more |
Policy |
Conditions precedent | Reinsurer fails in its application for summary judgment on its claim for a declaration of non-liability following breach of a notification clause expressed as a condition precedent. | Markel Capital Ltd v Gothaer Allgemeine Versicherung AG & others [24.10.08] | Read more |
| Policy | Notification of circumstances | Court of Appeal allows an insured's appeal in part and provides guidance on notification under professional indemnity policies. | HLB Kidsons v Lloyd's Underwriters & others [31.10.08] | Read more |
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