Subrogation and joint insurance: it’s a kind of magic?


Following the recent decisions of the TCC in Haberdashers’ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd [2018] EWHC 558 (TCC) and Prezzo Ltd v High Point Estates Ltd [2018] EWHC 1851,  Neil Hext QC considers the…

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Wheeldon Brothers Waste Limited v Millennium Insurance Company Limited [2018] EWHC 834 (TCC): the construction of a condition precedent relating to...


Introduction When a fire caused damage at a waste processing plant owned by the Claimant, Wheeldon Brothers Waste Limited (“Wheeldon”), the Defendant insurer, Millennium Insurance Company Limited (“Millenium”), declined an indemnity on the grounds that, among other…

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Englehart CTP (US) LLC v Lloyd’s Syndicate 1221 and others [2018] EWHC 900 (Comm): all risks marine cargo insurance and fraud...

After being provided with fraudulent bills of lading for a shipment of non-existent copper ingots, Englehart’s attempt to recover its losses under an all risks Marine Cargo and Storage policy…

Tonicstar Insurance Ltd v Allianz Insurance PLC [2018] EWCA Civ 434

In Tonicstar v Allianz the Court of Appeal overturned the decision of Teare J at first instance and, in turn, the decision of Morison J in X Company v Y…

Nesbit Law Group LLP v Acasta European Insurance Company Limited [2018] EWCA Civ 268

In Nesbit Law Group LLP the Court of Appeal had to determine the proper construction of an exclusion clause in a series of Fidelity Guarantee Indemnity policies and whether the…

Crowden v QBE Insurance (Europe) Limited [2017] EWHC 2597 (Comm)

The approach to clauses limiting or excluding insurers’ liability adopted by the Supreme Court in Impact Funding Solutions v Barrington Support Services [2016] UKSC 57; [2017] AC 73 has been followed in…

Impact Funding Solutions Limited v AIG Europe Insurance Limited (also known as Impact Funding Solutions Limited v Barrington Support Services Limited)...

Impact Funding Solutions Limited involved a claim under the Third Parties (Rights Against Insurers) Act 1930 by litigation funders who had obtained a judgment against a firm of solicitors in…