Insurance and insolvency

The concept of ‘damage’ in the insurance context ‘ Damage’ is pivotal in defining the extent of cover offered across many forms of insurance. Typical policy classes where recovery depends on establishing property damage include: marine cargo insurance construction all risks ( CAR) cover household and commercial property insurance business interruption insurance, particularly when paired with a traditional property policy sue and labour or investigation expense cover under certain property policies liability policies responding to the insured’s legal liability for physical damage to a third party’s property The exact sense of ‘damage’ can shift, and it is always shaped by the context in which the word appears. There is no all‑purpose definition that applies in every case; as ever, the term must be construed by reference to the specific insurance policy in which it features. A policy may or may not set out a bespoke definition, or, failing that, offer other...

Loss settlement clauses Reinsurance agreements can be set up on a proportional or a non‑proportional basis, and loss settlement clauses appear across both structures. Their core role is to capture the parties’ consensus on how the reinsured can evidence its loss when seeking to recover under the reinsurance. It documents the evidential route and threshold to be followed in presenting any reinsurance claim, where applicable by the reinsured party. Where the reinsurer has adequate confidence in its cedant’s handling of inwards claims, the usual aim is to ease the reinsured’s evidential burden that would otherwise arise at common law, and to reduce the need for reinsurers to re‑examine the underlying claims. Certain loss settlement provisions also include express safeguards or provisos to prevent the reinsurer’s bargain being defeated by binding settlements that fall outside the granted cover. Wording dealing with loss...

Where an agreement for lease is silent on insurance, the open contract position applies: neither party has a duty to arrange cover for the premises; and the risk transfers to the tenant on exchange of the agreement for lease. In short, absent an express clause, there is no automatic cover and the tenant carries the peril once the agreement is exchanged. If the agreement adopts the Standard Commercial Property Conditions ( Second or Third Editions) or the Standard Conditions of Sale (5th Edition), the default (absent express variation) is identical: the seller/landlord need not insure the property, so the buyer/tenant bears the risk from exchange. That default applies unless the parties agree a different arrangement. Consequences of either of those scenarios For an unconditional agreement for lease, the effect is that the tenant must complete the lease even if the property is destroyed after...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...