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Comparing German and English Insurance Law – A Series. This article by Isabel Becker, will be the first in a series where some peculiarities of English insurance law are compared to German insurance law. Read more here: https://lnkd.in/eagXbFhC #InsuranceLaw #LegalInsights #Germany #UK #policyholders

Most people look at me with confusion when I tell them that I find insurance law interesting. I now find insurance law doubly interesting. Please find my first article in a series comparing German and English insurance law below:

New approach to test of reasonableness and fairness in primary coverage provisions This week I published my article on Lexology about the decision of the Supreme Court of the Netherlands of 16 February 2024 (https://lnkd.in/ees8Jmmd). It concerns a judgment in the treatment of insurance provisions and whether they must pass the test of reasonableness and fairness. In its decision the Supreme Court put an end to the historic approach where primary coverage provisions do not have to meet the restrictive standard.  The Supreme Court instigated a development in the law, putting forward angles which could be used as a perspective in the judgment of whether a clause constitutes a provision invoking the restrictive standard of reasonableness and fairness. By the doing so, the decision clears the way for legal development in the  area of insurance law. It marks the second time in less than five years that the Supreme Court has instigated a development of law in the area of insurance. This offers room for discussion and creates opportunities for both insurers and insured parties. Please read the full article here: https://lnkd.in/euWCfd-5 Also available at akd.eu: https://lnkd.in/eVtKF3Kx

Maritime law meets insurance history in Part II of our blog series deep dive. We trace the origins of "Proof of Loss" back to an 1802 New York Supreme Court case, Lenox v. United Insurance Company. The post unpacks how a centuries-old legal principle continues to guide modern insurance claims, reminding us that the purpose of insurance is to provide protection, not to create technical escape hatches for insurers. #InsuranceLaw #Policyholders #InsuranceClaims

Our insurance and reinsurance team contributes to the Lexology Panoramic : Insurance Litigation 2024   Aysel Korkmaz, Görkem Bilgin, Asena Aytuğ Keser, Edanur Atlı are the authors of the Türkiye chapter.   Lexology Panoramic: Insurance Litigation 2024 Türkiye chapter offers an insightful overview of Turkey's insurance litigation scene as of 2024. It addresses key topics such as the interpretation of insurance contracts, notice requirements, and the insurer's duty to defend, along with insights on specific insurance types like cyber and terrorism insurance. This concise guide is essential for legal and insurance professionals seeking to understand the nuances and trends in Türkiye’s insurance litigation. #Insurance #reinsurance #litigation #law #legal https://lnkd.in/dk8Gg-Md

In UK property insurance claims, the concept of proximate cause stands as a fundamental principle governing the determination of liability and coverage. Originating from legal doctrines dating back centuries, the proximate cause has evolved into a cornerstone of insurance law, shaping the assessment of claims and the allocation of responsibility. This blog delves into the concept of proximate cause, tracing its historical roots, evolution, and contemporary applications, and gives examples illustrating its pivotal role in the acceptance or refusal of insurance claims. https://lnkd.in/ermiz5ga

All hands on deck! The Supreme Court recently upheld the choice of law clause. These clauses are becoming more prevalent in all insurance policies, not just maritime insurance policies, and significantly impact the policyholder’s rights after a loss. https://bit.ly/3V9ewZJ #insurance #maritime #policyholder #publicajuster #insuranceagent #claims

Insurance Litigation Alert 📣📣 I am excited to share that together with my colleague Chrystalla Hadjigeorgiou, we have contributed to the Chambers and Partners Global Practice Guide on Insurance Litigation 2024. The Guide provides a comprehensive analysis of the latest legal information on: 🔹Alternative Dispute Resolution (ADR), 🔹The enforcement of foreign judgments, 🔹The applicability of the New York Convention, 🔹Coverage Disputes, 🔹Claims against insureds, 🔹Insurers’ recovery rights, 🔹The impact of data concerns and climate change on insurance litigation. You can find our Chapter in the link below! #ChambersandPartners#PracticeGuides #InsuranceLitigation https://lnkd.in/gWMudVmH

All hands on deck! The Supreme Court recently upheld the choice of law clause. These clauses are becoming more prevalent in all insurance policies, not just maritime insurance policies, and significantly impact the policyholder’s rights after a loss. https://bit.ly/49FOykZ #insurance #maritime #policyholder #publicajuster #insuranceagent #claims

Insurance Policy in the US Supreme Court. Raiders Realty, a PA business, owned a yacht. The boat was insured by Great Lakes Insurance, a subsidiary of Munich Re. The insurance policy contained a choice of law provision (COL) stating New York state law applied to disputes. The Raiders boat ran aground in FL. Raiders made a claim on the policy, Munich Re denied, and coverage litigation ensued. Great Lakes argued that NY law should control the coverage dispute under the COL clause in the policy; Raiders urged insured-friendly PA law under public policy grounds. “Choice-of-law provisions in maritime contracts are presumptively enforceable under federal maritime law, with narrow exceptions not applicable here,” the Supreme Court held in a unanimous opinion yesterday written by Justice Brett Kavanaugh. Courts can refuse to apply a COL if it violates public policy. However, “a federal presumption of enforceability would not be much of a presumption if it could be routinely swept aside based on 50 States’ public policy determinations,” Kavanaugh wrote in the opinion. “The ensuing disuniformity and uncertainty caused by such an approach would undermine the fundamental purpose of choice-of-law clauses in maritime contracts: uniform and stable rules for maritime actors.” While this ruling may have stemmed from a maritime set of facts, it reinforces the notion that enforceable COL provisions are vital to determining how future disputes, and suits, on contracts -- in many industries -- will be resolved. So, negotiate with care. eric@emersonelder.com & 312.758.4301.