Limited Grounds to Set Aside Settlement Made Order of Court

If a settlement agreement is made an order of court it is not enough to try to set aside the agreement without rescinding the court order. The order of court is not void and must be rescinded but this can only be done on the limited grounds of fraud and justifiable error (justus error) or on the grounds that a party to the order did not give authority for the order to be made, such as when an attorney settles without authority. View Full Post
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Claim Rejected for Misrepresentation (US)

A Pennsylvania court held that the insurer was not liable because of misrepresentation for a portion of a $227 million settlement by a building owner arising from a building collapse that took seven lives and injured 12 people. The event happened as a result of an uncontrolled collapse of a four-storey building which was being demolished causing it to fall on an adjacent store where the victims were located. View Full Post
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Social Media and Insurance

The mining of social media and the use of big data (vast amounts of available internet data that can be analysed and exploited) by insurers to analyse consumer behaviour will change the face of insurance. The basic principles of insurance include the good faith sharing of information between insurer and insured, a pooling of good risks with bad risks, and assessing a fair premium for policyholders.  View Full Post
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Some Administrative and Constitutional Principles from the Nuclear Energy Case

The Cape High Court decision in April 2017 setting aside the Minister of Energy’s decision determining the requirements for procurement of nuclear generation capacity and tabling of the related Russian intergovernmental agreement (IGA) in parliament usefully reminds us of a few important principles of constitutional and administrative law: Whilst the courts will not usually interfere with purely executive policy decisions of government, if the decisions have a direct external legal effect on other parties (for instance in this case electricity providers of oil, gas or renewable energy) they can be reviewed by a court under the Promotion of Administrative Justice Act. View Full Post
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Obligation to Pay the Premium As Condition Precedent to Insurance Policy Cover (UK)

The due observance of and compliance with the terms, provisions and conditions of the policy by the insured was a condition precedent to liability by the insurer to make payment. This was an after-the-event legal costs policy where the premium was payable once the matter was finalised and the costs could be determined. View Full Post
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No Cover for Botched Real Estate Deal (USA)

Where an insurance policy covered an estate agent for acts committed solely ‘in the performance of services as a real estate agent/broker of non-owned properties, for others for a fee’, the Utah Supreme Court denied coverage for an estate agent’s botched deal in which the agent persuaded a company to make an investment in a failed new real estate project. View Full Post
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