Not to Mention the Cavalry
Many insurance claims are straightforward and policyholders are often surprised by how quick and painless the process of making such a claim can be. The policyholder's perception of straightforwardness...
View ArticleNew Page on NT Cases
I have started today to build a new page here which will list all the relevant decided cases on the notification term in insurance contracts.
View ArticleA Biter Bit
It is three years old now, but the decision in Dornoch Ltd & ors v Royal & Sun Alliance Insurance Plc(which I will call "the Coca Cola case") by the London Court of appeal is interesting for at...
View ArticlePunitive Damages
I am personally familiar (but no longer involved) with an insurance claim where the policyholder was a pub owner who lived over the premises. One awful night, shortly after the owner retired to bed, it...
View ArticleYour "Good Health"
On March 6, the Irish financial regulator issued a reminder to consumers about their duty to disclose when proposing for an insurance policy.By one of those wonderful co-incidences, I read about it...
View ArticleTrap for The Unwary #24,534
"Life is just one damn thing after another" (Elbert Hubbard).Nearly every insurance contract has a term ("the notification term"or "NT") which obliges the policyholder to promptly notify the insurer...
View ArticleThe Woo Hoo-ha: Another Boring Insurance Story
I had originally planned to post an article of my own on the very strange story of Dentist Woo and the even odder decision of the Supreme Court of Washington State to let him benefit from his...
View ArticleInsurance Companies and Advice
Along with many others who know the industry, David Rossmiller is upset about a Bloomberg story. He protests:It's not up to your insurance company to make sure you have enough liability insurance to...
View ArticleAre You Sure That You Do Not Have Cancer ?
"Life is a congenital condition", someone once said,"and it is terminal". If this were taken to a logical extreme, health and life insurance would become impossible. Sometimes, though, insurers like to...
View ArticleEarthquake Cover
Last year, I wrote, more than semi-humourously, about my lack of earthquake cover. (In the meantime, my insurer has told me that I *do* have it - but that's not what the policy document says). Per...
View ArticleNorwich Union Initiative
I am not quite sure what to make of this.Money Marketing reported last week that Norwich Union was writing to 5,000 holders of critical illness policies inviting them to rectify any failures of...
View ArticleDangerous Medical Records
The April/May issue of Ombudsman News, the bulletin from the UK's Financial Ombudsman Service ("FOS"), contains a case summary (ref. 61/04) of particular interest to me.A claimant ("Mr L") under a...
View ArticleDrinking Problem ? Tell your Insurance Company
This is what utmost good faith requires, at least in British Columbia.Michael Thomas of Vancouver firm Harper Grey summarises the factual background thus:The Insured was a 52 year-old woman who had a...
View ArticleNorwich Union v Meisels
Many thanks to the good people at the Legal Practitioner/Consilio (home, by the way, of Charon Q.C.)for bringing this case to my attention. It is an appeal by the insurance company against a London...
View ArticleNon-contestability
On an e-mail discussion list to which I belong, the question of whether insurance policies should have a "non-contestability clause" is the subject of lively discussion at present. If adopted, such a...
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