MacGillivray on Insurance Law: Relating to all Risks Other than Marine 16th ed

NOT YET PUBLISHED

Trusted by professionals for over 100 years, this acclaimed resource sets the standard in non-marine commercial insurance law. With expert commentary on the latest legal developments and a reputation for clarity and authority, it’s an indispensable tool for staying ahead in a complex and evolving field.

It explains foundational aspects of UK insurance law—such as the principles of misrepresentation and utmost good faith—and provides an in-depth look at the concept of loss, including key issues like causation and notification requirements. The book also explores specific insurance sectors, with chapters covering third-party liability, the rights of third parties against insurers, coordination between multiple insurers, and the legal treatment of double insurance.

Since the last edition there have been the usual steady stream of reported cases and regulatory developments. Notable examples are cases arising as a consequence of the COVID-19 lockdown dealing with, among other things, important questions of construction and causation, decisions on insurable interest, the application of s.11 of the Insurance Act 2015, illegality, good faith and exclusion of the 2015 Act’s provisions, the Third Parties (Rights against Insurers) Act 2010 and aggregation clauses in liability policies. We also consider the new “consumer duty” issued by the Financial Conduct Authority.

Specific discussion focusses on the following cases:

• Sky UK Ltd v Riverstone Managing Agency Ltd [2024] EWCA Civ 1567, concerning the recoverability of loss after the policy period, and the applicability of the “death blow” principle to non-marine policies.
• Scotland Gas Networks Plc v QBE UK Ltd 2025 S.C. 38, judgment of the Inner House (Court of Session) addressing the operation of the Third Parties (Rights against Insurers) Act 2010.
• Aercap Ireland Ltd v AIG Europe S.A. & Ors [2025] EWHC 1430 (Comm), judgment in joint trial of claims under aviation lessor policies arising from foreign leased aircraft remaining in Russia following the Ukraine war.