header-logo header-logo

Insurance surgery: A revolutionary trigger?

02 June 2015 / Joshua Munro
Issue: 7656 / Categories: Features , Insurance surgery , Insurance / reinsurance
printer mail-detail

Joshua Munro introduces a first for English law: the equitable right of an insurer to compensation from its own insured in respect of the claim on the policy

As if the forthcoming advent of the Insurance Act 2015 were not excitement enough for insurance lawyers, on 20 May 2015 the Supreme Court gave judgment in International Energy Group v Zurich [2015] UKSC 33, [2015] All ER (D) 170 (May), an extremely important decision on employers’ liability policies and annual policies generally.

Facts of the case

The problem faced by the court was as follows. IEG is an energy firm and employer in Guernsey. For a period of over 27 years from 1961 to 1988, IEG's predecessor firm employed Mr Carré and exposed him to asbestos dust. Carré subsequently contracted and died of mesothelioma. 

On 22 September 2008 Carré brought proceedings against IEG claiming that he had sustained mesothelioma consequent on his exposure to asbestos dust throughout his 27-year period of employment with GGLCL. IEG settled his claim on 19 December 2008 by a compensation payment consisting of £250,000 in damages and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll