We saw yesterday that between 1990 and 1999, insurers did quite well in insurance law cases at the Supreme Court, winning twenty while losing only twelve. Things took a sharp turn with the new decade, however; between 2000 and 2009, insurers won only seventeen cases while losing nineteen. Between 2000 and 2002, insurers won only four cases while losing seven. Insurers were 4-2 in 2005, but the previous year, they lost all four cases at the Supreme Court. Between 2006 and 2009, insurers broke even, winning six while losing five.
Curiously, despite the overall record, insurers did okay in defending victories from the Court of Appeal, compiling a win-loss record of 7-8 – the same record they had for the 1990s. Between 2000 and 2004, insurers successfully defended only two of seven Court of Appeal wins. Insurers went 3-1 in 2005, and then split four decisions between 2006 and 2009.
On the other hand, insurers succeeded in getting seven decisions which they had lost at the Court of Appeal reversed by the Supreme Court, while losing ten cases. Between 2000 and 2002, insurers won only one of four cases. They won three straight in 2003, but lost all three decisions in 2004. Between 2005 and 2009, insurers obtained three reversals from lower court losses while four decisions were affirmed.
Join us back here next Thursday as we continue our examination of the Court’s experience with insurance cases.