header-logo header-logo

Contract of insurance—Nature of contract

22 February 2013
Issue: 7549 / Categories: Case law , Law reports , In Court
printer mail-detail

Re Digital Satellite Warranty Cover Ltd and another v Financial Services Authority [2013] All ER (D) 140 (Feb), [2013] UKSC 7

Supreme Court Lord Neuberger P, Lady Hale, Lord Mance, Lord Clarke and Lord Sumption SCJJ 13 Feb 2013

First Council Directive (EEC) 73/239 did not prevent member states from imposing wider regulations on insurance contracts including contracts for benefits in kind rather than pecuniary benefits.

Lesley Anderson QC and Lloyd Tamlyn (instructed by Brabners Chaffe Street LLP) for the appellants. Jonathan Crow QC and Charlotte Cooke (instructed by the Financial Services Authority Legal Department) for the Financial Services Authority.

The appellants were engaged in selling and performing extended warranty contracts. Under the contracts, in consideration of a periodic payment, they contracted to repair or replace satellite television dishes, digital boxes and associated equipment in the event of breakdown, malfunction or, in certain cases, physical damage. Although not accepted by the appellants, the litigation proceeded on the basis that at common law the contracts were contracts of insurance.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll