Lithium and Insurance
Beware of the Forfeiture Clause
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Does the presence of a “rider broker” in the insurance policy work to the insured’s disadvantage ?
A number of recent court rulings have held that the presence of an "rider broker" means that the insurance policy is no longer a contract of adhesion but a contract of mutual agreement... to the detriment of the policyholder. My article with Elodie Le Prado in the Tribune de l'Assurance
Batteries put risk under tension
Fires in electric vehicles are a cause for concern for sea carriers and logisticians. The reason is that lithium-ion batteries are likely to self-combust in circumstances that are difficult to determine. Insurers and brokers are urging companies to combine prevention, training and good practice during transport and storage.
Arbitration over a $15 billion sultanate: on 6 February 2023, the Paris Court of Appeal refused to grant exequatur to the heirs of the Sultan of Sulu
The Paris Court of Appeal dismissed the Sultan's heirs' application for enforcement of an arbitral award in their favour, sidestepping the question of whether the dispute between the Sultan's heirs and Malaysia over rights to the territory of the former sultanate could give rise to arbitration.
Business interruption: AXA XL sentenced
The Commercial Court of Lille has ordered Axa XL to compensate a major clothing retailer for business interruption. The judges validated an extended warranty clause, which is particularly common in the retail sector.
The CSRD directive concerning the reporting obligations of companies in terms of “sustainability” will disrupt the economy.
The CSRD directive increases companies' "Environment, Social and Governance" disclosure obligations and extends its scope to small and medium-sized structures, which will disrupt the economy.