Exclusion clauses totally exclude the liability of a party while limitation clauses merely limit the extent of the liability. It is on that basis that courts find limitation clauses more acceptable, ...

Said clients are unlikely to be impressed if a claim is lodged with a reasonable expectation of payment being made but subsequent investigations by the insurer reveal the particular event falls short ...

The UK Supreme Court handed down its judgment on 23 April 2021 in Burnett or Grant v International Insurance Co of Hanover Ltd [2021] UKSC 12, which arose within the context of a “deliberate acts” ...

The worrying trend is that most of these contracts are of a standard form and the other party is rarely involved in drafting them. Picture an example where Mr X decides to acquire a second-hand car on ...

Are exclusion clauses enforceable? Hitherto, the courts have shed little light on the matter, but a recent Court of Appeal decision makes things much clearer There are so many issues that arise on a ...

OCCUPIERS of premises sometimes go the distance when attempting to guard against potential liability for personal injury, theft or damage to property that might occur on their premises. It is not ...

Lloyd’s of London has released four new Cyber War and Cyber Operation Exclusion Clauses. Insurers have been quickly adapting to the rapidly changing cyber landscape. What was initially a very ...

The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The burden ...

An exclusion in an auto insurance policy for loss or damage caused by “conversion,” by someone in lawful possession of a vehicle does not apply to a truck tractor badly damaged by fire, a Supreme ...

“A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.” In other words, Truman, and ...