The Taylor Wessing insurance and reinsurance review of 2012
The TW Annual Insurance and Reinsurance Review summarises the key case law developments in insurance and reinsurance throughout the year.
In the first instance decision in Ace European Group Ltd & Others v Howden North America Inc & Anor, given by Field J, judgment was given for the insurers who sought a declaration from the English Court that certain insurance policies were governed by English, as opposed to Pennsylvanian, law. In granting the declaration, Field J found that there was sufficient utility in an English judgment being given and that England was also the more appropriate forum for the case.
However, the insured successfully appealed. The Court of Appeal reversed the decision of the lower court and set aside the order granting the insurers permission to serve out of the jurisdiction…
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