Insurance And Reinsurance - 14 August 2012

Welcome to the twenty-nineth edition of Clyde & Co's (Re)insurance and litigation caselaw weekly updates for 2012.

These updates are aimed at keeping you up to speed and informed of the latest developments in caselaw relevant to your practice.

This weeks caselaw

Middleton v Allianz A case on whether a claim against an insurer is governed by English or French law.

Whessoe Oil & Gas v Dale An application for an extension of time and the importance of the statement of truth.

Star Reefers Pool Inc v JFC Group Judge considers various issues arising out of a post-judgment freezing order.

Lloyds TSB Bank v Crowborough Properties & Ors Court allows a claimant to re-open its case post-judgment.

Middleton v Allianz

Whether claim against insurer governed by English or French law

http://www.bailii.org/ew/cases/EWHC/QB/2012/2287.html

The claimant, a British national, was injured by another British national in a car accident which took place in France. Pursuant to a direct right of action under French law, she brought a claim against the driver's insurers. Under the Private International Law (Miscellaneous Provisions) Act 1995, the general rule is that French law would apply to liability issues in the claim (and under French law, the liability of the driver would be strict, requiring no proof of fault).

However, the insurers sought to rely on section 12 of the 1995 Act, which provides that if, in all the circumstances, it is "substantially more appropriate" for the applicable law governing issues arising in the case to be governed by another law, the general rule should be displaced. Insurers sought to rely on the following arguments: (a) the individuals involved are British (b) even though the tort was committed in France, its consequences were felt in England, and (c) since damages would be assessed under English law, it was more appropriate for English law to govern liability issues as well.

Williams J rejected the insurers' arguments. It was not relevant that the individuals are British. He held that the insurers must have appreciated that the applicable law for the determination of liability for accidents in France would be French law. The determining factor here was that the accident occurred in France and there would be strict liability under French law. It was also significant that the defendant had made interim payments.

Whessoe Oil & Gas v Dale

Application for extension of time/importance of statement of truth

http://www.bailii.org/ew/cases/EWH...