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Exclusion of loss arising from arrest, restraint, detainment

05 June 2018

The UK Supreme Court examined the question whether a vessel detained in Venezuela as a result of being used by a drug cartel to smuggle cocaine strapped to the hull fell within the exclusion for ‘arrest, restraint, detainment, confiscation or expropriation … by reason of infringement of any customs … regulations’.

Insurers do not have to indemnify lawyer for overbilling claim (US)

01 June 2018

A property foreclosure attorney was sued in a class action for overbilling a group of property owners. The lawyer sued his PI insurers to oblige them to defend him against the class action. He lost. The court found that the policy did not create a duty to defend because the allegations had arisen from billing practices, not professional services.

As a business, what should you do to deal with public liability claims?

31 May 2018

You own a business and you put a sign up saying, “Park at your own risk” – which effectively amounts to a ‘contract’ – simply put, you are saying that anyone can enter your premises on that basis - if they don’t want to then they shouldn’t enter - and that you are not liable for any damages howsoever arising, whether due to your negligence or anything else. The sign actually means nothing and offers a business no protection against public liability claims.

Cocaine planted on ship by smugglers not an insured ‘malicious act’ (UK)

28 May 2018

Unknown third parties strapped bags of cocaine to the hull of a vessel leaving Venezuela resulting in the detention of the ship for more than six months and therefore a constructive total loss. The UK Supreme Court ruled that the loss did not result from ‘any person acting maliciously’.

quick poll

Question

If you had to hazard a guess, when do you reckon the COFI Bill will be signed into law?

Answer

2026, as promised 2027 looks more likely Impossible to say More consultation needed

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