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Sedgwick LLP Publications


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London & Bermuda Newsletter

Winter 2009
By: Mark Chudleigh, Chen Foley, Eleanor Heine, Nick Miles

This issue of the London & Bermuda Newsletter focuses on notification. Recent decisions tell us a lot about what circumstances are notifiable under claims made policies, when insureds will be in breach of notification provisions, and when insurers may reject notices. They also confirm the relative immunity of insurers’ rights from risk of waiver, at least where the rights arise from conditions precedent. We look at a decision in which the court gave effect to the apparent meaning of a condition precedent, and one in which they declined to give effect to the natural meaning of a warranty. Finally, we provide a brief update on the employer’s liability trigger cases and the upshot for reinsurers.

In our Bermuda section, we look at the continuing clarification of rights of hedge fund investors, emerging in the course of litigation over the winding down of offshore funds. We update readers on developments relating to utmost good faith in Bermuda, and the relaxation of US collateralization requirements. 

London Update:

Bermuda Update:

Related People

Chudleigh, Mark
Foley, Chen
Heine, Eleanor L.
Miles, Nick

Related Offices

Bermuda *
London

Related Practices