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HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD

[2021] Lloyd's Rep. IR 1

Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, sections 24 and 33.

SWASHPLATE PTY LTD v LIBERTY MUTUAL INSURANCE CO (TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS)

[2021] Lloyd's Rep. IR 37

Insurance (marine) – Goods in transit – Commencement of cover – Institute Cargo Clauses A – Transit clause – Effect of words “From: 19 May 2018 … To: Date of arrival …” – Cargo loaded in US but insured under policy issued in Australia, with 15 hours’ time difference – Institute Cargo Clauses 2009.

THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS

[2021] Lloyd's Rep. IR 51

Insurance (liability) – Third-party claim – Application for declaration for declaration as to coverage – Jurisdiction of the court – Third Parties (Rights Against Insurers) Acts 1930 and 2010 – CPR 40.20.

THE FINANCIAL CONDUCT AUTHORITY v ARCH INSURANCE (UK) LTD ARGENTA SYNDICATE MANAGEMENT LTD ROYAL & SUN ALLIANCE INSURANCE PLC MS AMLIN UNDERWRITING LTD HISCOX INSURANCE CO LTD QBE UK LTD ARCH INSURANCE (UK) LTD v THE FINANCIAL CONDUCT AUTHORITY

[2021] Lloyd's Rep. IR 63

Insurance (business interruption) – Covid-19 – Notifiable disease – National lockdown – Whether business interruption policy extensions responded to loss.

SARFRAZ v AKHTAR AND ANOTHER

[2021] Lloyd's Rep. IR 121

Insurance (motor vehicle) – Compulsory insurance – Striking out – Summary judgment – Assured injured while a passenger in his own car – Whether car unlawfully taken – Whether assured permitting himself to be carried – Road Traffic Act 1988, sections 151(2) and 151(4).

HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)

[2021] Lloyd's Rep. IR 127

General average – Vessel seized and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.

IRWELL INSURANCE CO LTD v WATSON AND OTHERS

[2021] Lloyd's Rep. IR 145

Insurance – Claims made in employment tribunal against insolvent employer – Whether tribunal having jurisdiction to determine the liability of the employer's insurers – Effect of arbitration clause – Third Parties (Rights Against Insurers) Act 2010, section 2 – Arbitration Act 1996, section 9.

LEE v STRELNICKS SOUAID v NAHAS CASSIM v NGUYEN RIXON v ARSALAN

[2021] Lloyd's Rep. IR 159

Insurance (motor) – Measure of damages in tort – Cost of hiring replacement vehicle – Mitigation of loss.

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

[2021] Lloyd's Rep. IR 182

Insurance (liability) – Aggregation – Limit of indemnity applied to all losses arising from one original cause – Two groups of patients subjected to misconduct by one surgeon – Whether one or two original causes.

AXIS CORPORATE CAPITAL UK II LTD AND OTHERS v ABSA GROUP LTD AND OTHERS

[2021] Lloyd's Rep. IR 195

Reinsurance – Conflict of laws – Whether reinsurance agreements contained exclusive jurisdiction clauses – Anti-suit injunction – Declaratory relief – Senior Courts Act 1981, section 37.

CATLIN SYNDICATE LTD AND OTHERS v AMEC FOSTER WHEELER USA CORPORATION AND ANOTHER

[2021] Lloyd's Rep. IR 207

Insurance (liability) – Conflict of laws – Anti-suit injunction – Binding effect of exclusive jurisdiction clause – Whether arbitration clause incorporated – Senior Courts Act 1981, section 37.

CORPORIS SP ZOO v GEFION INSURANCE A/S

[2021] Lloyd's Rep. IR 226

Insurance (motor) – Claims representative – Whether service of legal proceedings can be effected on claims representative – European Parliament and Council Directive 2009/138/EC, article 152.

GEMMELL v KSL HAIR LTD AND OTHERS

[2021] Lloyd's Rep. IR 233

Insurance (liability) – Claim for assault and negligence in performing hair transplant procedures – Third Parties (Rights Against Insurers) Act 2010.

MOORE v IAG NEW ZEALAND LTD

[2021] Lloyd's Rep. IR 244

Insurance (property) – Aggregation – Successive earthquakes – Whether earthquakes constituted a series of losses or events – Causation.

RAWSON HOMES PTY LTD v ALLIANZ AUSTRALIA INSURANCE LTD

[2021] Lloyd's Rep. IR 252

Insurance (construction) – Hailstorm giving rise to damage to 122 roofs – Application of deductible – Whether one event or 122 events – Whether one claim or 122 claims.

AXIS CORPORATE CAPITAL UK II LTD AND OTHERS v ABSA GROUP LTD AND OTHERS (NO 2)

[2021] Lloyd's Rep. IR 267

Reinsurance – Conflict of laws – Reinsurance arranged in layers – Separate jurisdiction provisions in each layer – Whether exclusive jurisdiction agreed upon – Grant of anti-suit injunction – Senior Courts Act 1981, section 37.

IN THE MATTER OF CERTAIN OF THE MEMBERS AT LLOYD’S FOR ANY OR ALL OF THE 1993 TO 2020 (INCLUSIVE) YEARS OF ACCOUNT, REPRESENTED BY THE SOCIETY OF LLOYD’S; IN THE MATTER OF LLOYD’S INSURANCE CO SA; IN THE MATTER OF PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000

[2021] Lloyd's Rep. IR 283

Insurance (transfer of insurance business) – Financial Services and Markets Act 2000, Part VII – Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) Order 2001 (SI 2001 No 3626) – Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants Regulations) 2001 (SI 2001 No 3625).

R (ON THE APPLICATION OF AVIVA INSURANCE LTD AND ANOTHER) v THE SECRETARY OF STATE FOR WORK AND PENSIONS

[2021] Lloyd's Rep. IR 291

Insurance (liability) – Obligation of liability insurers to repay state benefits received in respect of injuries – Application to long-tail exposure liabilities – Whether obligation contrary to human rights law – Social Security (Recovery of Benefits) Act 1997 – Human Rights Act 1998.

RE MURRAY (DECEASED) CRUMMER v AAI LTD ABN 48 005 297 807, TRADING AS AAMI

[2021] Lloyd's Rep. IR 330

Insurance (householder's liability) – Policy excluding liability for death or injury of anyone who usually lives at the insured address – Meaning of exclusion.

HOLMES v S & B CONCRETE LTD

[2021] Lloyd's Rep. IR 337

Insurance (employers’ liability) – Personal injury claim – Employer company dissolved – Application to restore company to register – Limitation period – Limitation Act 1980, sections 11 and 33 – Companies Act 2006, sections 1029, 1030 and 1033 – Third Parties (Rights Against Insurers) Act 1930.

LORD BISHOP OF LEEDS AND ANOTHER v DIXON COLES AND GILL (A FIRM) AND OTHERS THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS (NO 2)

[2021] Lloyd's Rep. IR 344

Insurance (professional indemnity) – Aggregation – Whether claims arising from one series of related acts or omissions could be aggregated – Whether two sets of claims arose from one series of related acts – Partnership Act 1890, sections 9 to 13 – Limitation Act 1980, section 21 – Third Parties (Rights Against Insurers) Act 1930 – Summary judgment – CPR 24.2.

TECHNOLOGY SWISS PTY LTD v AAI LTD, TRADING AS VERO INSURANCE

[2021] Lloyd's Rep. IR 377

Insurance (marine) – Subrogation – Whether payment by insurer was for insured loss – Allocation of third-party recovery between insurer and assured.

KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER

[2021] Lloyd's Rep. IR 401

Insurance (employers’ liability) – Avoidance of policy for non-disclosure and misrepresentation – Whether there was a right to avoid – Effect of Insurance Conduct of Business Sourcebook (ICOBS) – Whether avoidance unreasonable – Third Parties (Rights Against Insurers) Act 1930 – Employers’ Liability (Compulsory Insurance) Act 1969.

LORD BISHOP OF LEEDS (THE RIGHT REVEREND NICHOLAS BAINES) AND ANOTHER v DIXON COLES & GILL (A FIRM) AND OTHERS; THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS; SOLICITORS REGULATORY AUTHORITY (INTERVENER)

[2021] Lloyd's Rep. IR 410

Insurance (professional indemnity) – Aggregation – Whether claims arising from one series of related acts or omissions could be aggregated – Whether two sets of claims arose from one series of related acts.

SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD v DODDS AND OTHERS

[2021] Lloyd's Rep. IR 426

Insurance (property) – Settlement Agreement – Misrepresentation by insurers as to sums payable – Continuing duty of utmost good faith – Whether Settlement Agreement could be overturned.

TRAVELERS INSURANCE CO LTD v ARMSTRONG AND ANOTHER

[2021] Lloyd's Rep. IR 454

Insurance (liability) – Privilege – Scope of joint retainer privilege – Rights of parties to joint retainer.

ABN AMRO BANK NV v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS

[2021] Lloyd's Rep. IR 467

Insurance (marine) – Credit risk insured under marine policy – Whether risk covered by policy – Duty of disclosure relating to existence of credit risk clause – Effect of non-avoidance clause – Misrepresentation – Duty to act reasonably to prevent losses – Suing and labouring clause – Whether brokers in breach of duty – Marine Insurance Act 1906, section 18(3).

DANBOL PTY LTD v SWISS RE INTERNATIONAL SE AND OTHERS

[2021] Lloyd's Rep. IR 537

Insurance (property) – Held covered – Insurers offering temporary cover following termination of policy – Whether offer binding on insurers – Acceptance by silence – Whether acceptance waived – Whether offer otherwise accepted.

EQUITAS LTD AND ANOTHER v SANDE INVESTMENTS LTD AND OTHERS

[2021] Lloyd's Rep. IR 553

Reinsurance – Lloyd's brokers – Sub-agents appointed by brokers collecting reinsurance recoveries due to Lloyd's Syndicates – Liability of sub-agents to Syndicates – Status of sub-agents – Implied contract of retainer – Duty of care in tort – Fiduciary duties – Unjust enrichment – Limitation of actions – Limitation Act 1980, sections 2, 5, 21 and 32.