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  • Author – ‘Bruce, John’
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5 March 2014
Welcome to this edition of Insurance Brief. Our feature article this month considers the Court of Appeal’s decision on wronged investors, the Financial Ombudsman Service and the courts.
14 February 2014
Today the Court of Appeal has confirmed what right minded people thought was always the case. Wronged investors have a choice between pursuing a claim through the Financial Ombudsman Service (FOS) or pursuing it through the courts. They cannot choose both.
25 March 2013
Welcome to this month's issue of Insurance Brief. In this edition, we report on a decision of the High Court concerning the ability of complainants to accept an award from the Financial Ombudsman Service and then pursue a claim for further damages in the courts and a recent case concerning whether the 9/11 attacks on the Twin Towers amounted to one or two events for reinsurance aggregation purposes, and we also consider the latest professional negligence decision relating to limitation.
21 March 2013
High Court allows claim for additional damages to proceed against financial services provider despite acceptance of maximum award by Financial Ombudsman Service (FOS).
20 March 2013
The decision in Standard Life v Ace and others [2012] opened the way for insureds to argue that mitigation costs coverage could provide much broader cover than was ever anticipated by insurers.
23 January 2013
Court of Appeal in England confirms no principle of apportionment of mitigation costs in liability insurance.
23 January 2013
Welcome to this month’s issue of Insurance Brief. In this edition, we report on two recent Court of Appeal decisions. The first concerned the principle of apportionment in a claim for mitigation costs under a professional indemnity policy, whilst the second reviewed the circumstances in which a solicitor might be held to be in breach of trust and whether they should be relieved from liability pursuant to s.61 of the Trustee Act 1925.
13 July 2012
Just when British banks would have loved some positive publicity at the end of June the Financial Services Authority (FSA) announced that it had found "serious failings" by Barclays, HSBC, Lloyds and RBS in the sale of interest rate hedging products to thousand of small and medium sized businesses. The cost of the problem could be as much as £1 billion.
29 June 2012
In this issue, we report on two recent cases in which the High Court has reviewed breach of duty: the first concerns a contractor’s liability for a fire which broke out following welding work undertaken by its employee, whilst the second relates to the so-called "toxic sofas" group action.
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