Insights

Indemnity Insights

Highlights

“I’ve got a bad feeling about this” – block notifications, late notification and conditions precedent: considerations for brokers and policyholders

The judgments in Makin v QBE, Archer v Riverstone and Ahmed & others v Allianz were all handed down last year. Each of them were claims brought under the Third Parties (Rights Against Insurers) Act 2010 (the “Third Parties Act”), with the third-party claimants stepping into the shoes of the policyholder to bring their claim directly against the insurer in the usual way.

19 May 2026 by James Morris and Thomas Pangbourne

“I’ve got a bad feeling about this” – block notifications, late notification and conditions precedent: considerations for brokers and policyholders

Three 2025 cases. Three claimants, or groups of claimants, with claims denied due to notifications found to be late, ineffective or non-existent. Three insurers, suffering no or only debatable prejudice, successfully resisting claims based on a breach of condition precedent. A liability policy can respond in principle. The insurer may know about the claim. And […]

19 May 2026 by James Morris and Thomas Pangbourne

Bath Racecourse and Covid BI: the final furlough

The Supreme Court handed down its judgment in the Bath Racecourse case today (22 April 2026), unanimously dismissing the policyholders’ appeal, and finding that the Court of Appeal was correct to hold that the savings clauses in the policies in question require that furlough payments received by the appellants under the Coronavirus Jobs Retention Scheme […]

23 April 2026 by Rachel Auld and Thomas Pangbourne

Indemnity Law appoints new Managing Partners and launches AI division to expand access to insurance expertise

Policyholder insurance disputes firm Indemnity Law has appointed Denise Eastlake and Tom Pangbourne as Managing Partners, as part of a broader leadership transition that includes the launching of a new team dedicated to developing AI solutions to improve insurance claims outcomes for policyholders. Founder James Morris, who established the business in 2020, will lead the […]

24 March 2026 by Thomas Pangbourne and Denise Eastlake

Takeaway from restaurant insurance policy judgment: in notifying claims, timing is everything

The recent High Court decision in Archer v R ‘N’ F Catering Ltd and Riverstone Insurance (Malta) SE [2025] EWHC 1342 (KB) provides important guidance on the limits of third-party rights under the Third Parties (Rights Against Insurers) Act 2010 (the “Act”), particularly in the context of breach of conditions precedent. The court was asked […]

07 August 2025 by Esther (Yueer) Zhu and Thomas Pangbourne

INDEMNITY ALERT- ‘Car finance cases: hazard warning lights are flashing’

4:35pm. That is the rather interesting time that the Supreme Court is handing down its judgment in the eagerly anticipated and far reaching car finance cases. The Supreme Court usually hands down decisions at 9:45am, which leads one to speculate that the 4:35pm timing (ahead of a weekend) has been chosen a) to avoid any […]

31 July 2025 by Daniel Kellard

Makin v QBE: A condition precedent remains a free spirit that won’t be confined to a label

In a judgment handed down on 11 April 2025, the High Court determined that notification provisions in a public liability policy were conditions precedent to insurers’ liability and offered obiter dicta on the types of judgments that are capable of establishing liability for the purposes of the Third Parties (Rights Against Insurers) Act 2010 in […]

11 June 2025 by Rachel Auld and John Curran

Blog Post: Judgment in the case of Saúl Luciano Lliuya v RWE – a decision of tragically ironic timing

Many will know that I’ve been talking about this case, brought by a Peruvian farmer and mountain guide, Saúl Luciano Lliuya, against German fossil fuel giant, RWE, for years.  From the outset, it presented groundbreaking arguments and immediately had an impact on global climate litigation.  Over 15 years after the case was commenced, with the […]

02 June 2025 by Denise Eastlake

Directors under Scrutiny: Investigations Cover under D&O/ML Policies

Of the pressures company directors face, the threat of investigations is one of the more significant. Forthcoming legislation is set to increase the powers of the SFO and the accounting regulator to investigate directors. As well as taking action to ensure continued compliance with their legal and regulatory obligations, directors should review the scope and […]

09 April 2025 by Rachel Auld, Thomas Pangbourne and John Curran