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Latest From Stephen Netherway
UK brokers and insurers have until 2017 to get ready for new rules on damages for late payment of claims
But decision raises question of how Insurance Act will be applied
A huge number of international markets could be affected, with political risk and trade credit already feeling a squeeze
In recent years a consensus has developed anyone looking to invest into UK litigation once Jackson had paved the way, would create a raft of further speculative claims litigation. However, the recent judgement in Harcus Sinclair v Buttonwood Legal Capital Ltd (BLC) and others could put the brakes on that particular round of speculation.
CAN personal duty be owed to an insurer by an individual named as having a binding authority in a coverholder agreement? Can that individual be guilty of fraud where the policies were deliberately issued by others outside authority, even where the individual did not personally profit and indeed raised questions which were answered, albeit implausibly so?
Those following the current joint review by the English and Scottish law commissions into insurance contract law will be aware that the commissions intend to publish a consultation paper shortly with a view to soliciting responses by November, 2007.