HFW : COVID-19 Bi Losses: English High Court confirms loss of use is not equivalent to physical loss of property

HFW : COVID-19 Bi Losses: English High Court confirms loss of use is not equivalent to physical loss of property

The recent judgment in the FCA business interruption test case ruled on the interpretation of notifiable disease and non-damage prevention of access extensions under BI policies. However, one issue that the test case did not consider was coverage of COVID-19 BI losses under the principal BI insuring clause (which typically provides cover for BI arising out of “damage” to insured...

https://www.allaboutshipping.co.uk/2020/10/16/hfw-covid-19-bi-losses-english-high-court-confirms-loss-of-use-is-not-equivalent-to-physical-loss-of-property/

Bankruptcy and the Voluntary Termination of Maritime Service Contracts

Bankruptcy and the Voluntary Termination of Maritime Service Contracts

On October 8, 2020, the United States Court of Appeals for the Second Circuit issued an unpublished opinion affirming judgment of the United States District Court for the Southern District of New York, that a vessel operator’s bankruptcy and voluntary termination of various service contracts relieved the shippers of any obligation to pay liquidated damages under the contract.  In re: The Containership Company (TCC) A/S,...

https://www.allaboutshipping.co.uk/2020/10/16/206379/

Watson Farley & Williams sanctions and shipping update

Partners Simon Kavanagh, Daniel Pilarski, David Osborne and Christine Bader at Watson, Farley & Williams have highlighted some recent developments and forthcoming changes in the sanctions landscape. There have been developments and changes which would increase the importance of compliance, most likely complicate the task and which have particular relevance for the maritime industry, the…

The post Watson Farley & Williams sanctions and shipping update appeared first on Insurance Marine...

https://insurancemarinenews.com/insurance-marine-news/watson-farley-williams-sanctions-and-shipping-update/

English High Court refuses application to extend time bar

Standard Club has reported on the case of the Giant Ace – under which the English High Court refused an application to extend the time bar on the basis that proceedings were knowingly issued against the wrong defendant. Claims Executive Anestis Dimitriadis of managers Charles Taylor has discussed...

https://insurancemarinenews.com/insurance-marine-news/english-high-court-refuses-application-to-extend-time-bar/

UK Supreme Court establishes rules on long-contended arbitration matter

In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38  the UK Supreme Court on Friday October 9th confirmed the proper approach to determining the governing law of an arbitration agreement. Barristers 7KBW observed that the decision was “set to become the leading authority on the...

https://insurancemarinenews.com/insurance-marine-news/uk-supreme-court-establishes-rules-on-long-contended-arbitration-matter/