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UK and EU insurance and reinsurance weekly: appellate and Commercial Court decisions, SMCR reform, Solvency II and EIOPA consultations, diary dates—17 July 2025

Published on: 17 July 2025

Published by a LexisNexis Insurance & Reinsurance expert
Legal News
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Article summary

In this issue:

  • Cases and decisions
  • Insurance types
  • Contractual considerations—Duty of fair representation
  • UK regulation
  • EU regulation
  • Cases tracker
  • Dates for your diary
  • New and updated content
  • Daily and weekly news alerts
  • LexTalk®Insurance: a Lexis®Nexis community

Cases and decisions

Desai v Wood

The Court of Appeal (Civil Division) rejected the appeal by Dilip Desai and Paresh Shah, upholding the finding that sums paid by Royal & Sun Alliance Ltd (RSA) to the defendant in the underlying action, Boscolo Ltd (in liquidation), under a professional indemnity policy are beneficially the Company’s, notwithstanding its later voluntary liquidation. The court held there was no implied term or trust in the Design Contract requiring the proceeds to be held for the appellants. It also confirmed that, absent express contractual wording or statutory provision, third parties acquire no proprietary interest in a defendant’s liability insurance proceeds. See [2025] EWCA Civ 906.

Sky UK Ltd v Riverstone Managing Agency Ltd

The Commercial Court determined remitted questions concerning the ambit of cover under the policy, following the Court of Appeal’s decision to redefine the...

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