Insurance Claims

By Alison Padfield, Padfield, QC and Alison Padfield KC

Now in its Fifth Edition, Insurance Claims by Alison Padfield QC is a practitioner focused text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is an indispensable resource for those involved in the daily application of the law, whether as solicitors, barristers or insurance claims handlers.

With significant developments in insurance law and a multitude of cases since the Fourth Edition, the new Fifth Edition:

- Covers cases on the Insurance Act 2015, the Third Parties (Rights Against Insurers) Act 2010, and the Consumer Insurance (Disclosure and Representations) Act 2012
- Examines recent decisions of the Supreme Court, including The Financial Conduct Authority v Arch Insurance (UK) Ltd (the 'FCA Test Case') 2021] UKSC 1, and Privy Council, and also those handed down by the Court of Appeal
- Is fully updated with coverage of all significant recent decisions
- Covers claims against insurers and insurance brokers
- Explains the meaning of terms and concepts in plain English, making it accessible to lawyers and non-lawyers alike

Cases in the Supreme Court and Privy Council added since the last edition include:
- The FCA Business Interruption Insurance Test Case 2021] UKSC 1 - construction of insurance contracts, causation including proximate cause & business interruption insurance
- Halliburton Co v Chubb Bermuda Insurance Ltd 2020] UKSC 48 - principles governing recusal of arbitrators where multiple arbitrations with same or overlapping subject matter
- Aspen Underwriting Ltd v Credit Europe Bank NV (The Atlantik Confidence) 2020] UKSC 11 - jurisdiction under Brussels Regulation (Recast)
- Travelers Insurance Co Ltd v XYZ 2019] UKSC 48 - non-party costs orders against liability insurersPerry v Raleys Solicitors 2019] UKSC 5 - professional negligence damages
- Atlasnavios-Navega o Lda v Navigators Insurance Co Ltd, The B Atlantic 2018] UKSC 26 - construction of insurance contracts & exclusion clauses
- Ramsook v Crossley 2018] UKPC 9 - construction and application of claims control clauses
- Gard Marine & Energy Ltd v China National Chartering Co Ltd 2017] UKSC 35 - waiver of rights of subrogation
- AIG Europe Ltd v Woodman 2017] UKSC 18 - aggregation clauses
- Sun Alliance (Bahamas) Ltd v Scandi Enterprises Ltd 2017] UKPC 10 - construction of contractors' all risks policy
- Impact Funding Solutions Ltd v Barrington Services Ltd 2016] UKSC 57 - construction of insurance contracts & scope of cover/exclusion clauses

Significant Court of Appeal decisions added for this new edition include:
- Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd 2020] EWCA Civ 308 - reinstatement/betterment in property damage insurance
- Manchikalapati v Zurich Insurance Plc 2019] EWCA Civ 2163 - construction of building guarantee insurance
- Euro Pools plc v Royal & Sun Alliance plc 2019] EWCA Civ 808 - notification of claims in professional indemnity insurance
- Equitas Insurance Ltd v Municipal Mutual Insurance Ltd 2019] EWCA Civ 718 - reinsurance of 'Fairchild enclave' employers' liability claims
- Allianz Insurance Plc v Tonicstar Ltd 2018] EWCA Civ 434 - qualification of arbitrators
- Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc 2018] EWCA Civ 317 - aggregation clauses
- Ted Baker plc v AXA Insurance UK 2017] EWCA Civ 4097 - insurance claims conditions and 'duty to speak' estoppel
- AXA Versicherung Ag v Arab Insurance Group 2017] EWCA Civ 96 - pleading & proving inducement
- W R Berkley Insurance (Europe) Ltd v Teal Assurance Co Ltd (No 2) 2017] EWCA Civ 25 - liability insurance & ascertainment of loss
- Zurich Insurance plc v Maccaferri 2016] EWCA Civ 1302 - notification of claims

A wealth of Commercial Court and Technology and Construction Court decisions are also covered, along with selected decisions from other jurisdictions including Scotland, Australia and New Zealand which are likely to be of interest to practitioners in England and Wales.

Written by Alison Padfield QC, an authoritative author with extensive experience in insurance law, the new Fifth Edition will appeal to insurance lawyers, both solicitors and barristers in practice and in-house, insurance professionals, eg claims handlers and brokers, and insurance law students.

• Format: Hardcover
• Language: English
• ISBN: 1526511916
• ISBN13: 9781526511911
• Release Date: April 2021
• Publisher: Tottel Publishing
• Length: 552 Pages
• Weight: 2.30 lbs.
• Dimensions: 1.4" x 6.1" x 9.9"