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ELGAMAL v WESTMINSTER CITY COUNCIL
[2023] Lloyd's Rep. IR 1
Insurance (liability) – Claim for personal injury – Exaggeration of injuries – Whether claim was fundamentally dishonest – Criminal Justice and Courts Act 2015, section 57.
NORTHBRIDGE GENERAL INSURANCE CO v AVIVA INSURANCE CO
[2023] Lloyd's Rep. IR 22
Insurance (liability) – Contribution between insurers – Effect of competing excess clauses.
QUADRA COMMODITIES SA v XL INSURANCE COMPANY SE AND OTHERS
[2023] Lloyd's Rep. IR 26
Insurance (marine) – Cargo claim – Insurable interest – Whether subject matter was lost – Measure of indemnity – Suing and labouring – Late payment – Marine Insurance Act 1906, sections 5 and 67 – Insurance Act 2015, section 13A – Sale of Goods Act 1979, sections 16, 20A and 61.
SOUTH AUSTRALIAN METROPOLITAN FIRE SERVICE v ACN 008 275 296 PTY LTD AND OTHERS
[2023] Lloyd's Rep. IR 55
Insurance (liability) – Whether policy covered claims under Fire and Emergency Services Act 2005 (South Australia) – Distinction between first- and third-party policies – Meaning of terms “damages” and “compensation”.
ALLIANZ AUSTRALIA INSURANCE LTD v RAWSON HOMES PTY LTD
[2023] Lloyd's Rep. IR 73
Insurance (property) – Policy covering building contracts – Damage to numerous buildings – Aggregation – Open cover – Meaning of “any one event”.
DOORWAY CAPITAL LTD v AMERICAN INTERNATIONAL GROUP UK LTD
[2023] Lloyd's Rep. IR 83
Insurance (liability) – Solicitors’ liability policy – Liability incurred under receivables funding agreement – Whether liability arising in course of professional practice – Exclusion for trading liabilities – Third Parties (Rights Against Insurers) Act 2010.
FIBRETECH HOLDINGS LTD v VERO INSURANCE NEW ZEALAND LTD
[2023] Lloyd's Rep. IR 93
Insurance (property) – Earthquake damage – Settlement agreement – Premiums wrongly paid after total loss – Whether settlement agreement applied to premium recovery.
GLOBAL PRIVATE INVESTMENTS RSC LTD v GLOBAL AEROSPACE UNDERWRITING MANAGERS LTD AND OTHERS
[2023] Lloyd's Rep. IR 102
Insurance (aviation) – Measure of indemnity – Whether assured entitled to recover for diminution in value after repairs – Limit of liability for replacement aircraft.
HEADFORT ARMS LTD v ZURICH INSURANCE PLC
[2023] Lloyd's Rep. IR 118
Insurance (business interruption) – Premises closed by government regulations – Policy covering business interruption if caused by damage to insured premises – Damage defined as including loss of premises – Whether temporary deprivation of use constituted loss.
PT ADIDAYA ENERGY MANDIRI v MS FIRST CAPITAL INSURANCE LTD
[2023] Lloyd's Rep. IR 143
Insurance (marine) – Constructive total loss – Breach of warranty – Breach of claims condition – Notice of abandonment – Suing and labouring costs – Marine Insurance Act 1906, sections 62 and 78 – Insurance Act 2015, sections 10 and 11.
QBE EUROPE SA/NV AND ANOTHER v GENERALI ESPANA DE SEGUROS Y REASEGUROS
[2023] Lloyd's Rep. IR 192
Arbitration – Anti-suit injunction – Foreign proceedings in breach of arbitration clause – Nature of legislation conferring right of action – Senior Courts Act 1981, section 37.
CERTAIN UNDERWRITERS AT LLOYD’S OF LONDON SUBSCRIBING TO POLICY NUMBER B1294HSGBGH152448 v DHILLON SCAFFOLDING PTY LTD
[2023] Lloyd's Rep. IR 211
Insurance (liability) – Employee injured at work – Claim against liability insurers – Whether employer in breach of reasonable care obligations.
DC BARS LTD AND ANOTHER v QIC EUROPE LTD
[2023] Lloyd's Rep. IR 225
Insurance (business interruption) – Arbitration – Clause requiring arbitration of quantum disputes – Whether dispute purely about quantum – Stay of proceedings – Arbitration Act 1996, section 9.
ROYAL & SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS
[2023] Lloyd's Rep. IR 230
Insurance (professional indemnity) – Arbitration – Jurisdiction – Serious irregularity – Error of law – Arbitration Act 1996, sections 33, 67, 68 and 69.
UK P&I CLUB NV AND ANOTHER v REPUBLICA BOLIVARIANA DE VENEZUELA (THE "RCGS RESOLUTE")
[2023] Lloyd's Rep. IR 262
Arbitration Anti-suit injunction Direct action against insurers by third-party state Whether third-party state bound by arbitration clause Whether anti-suit injunction could be granted against a state State Immunity Act 1978, sections 1, 9 and 13 European Convention on Human Rights, article 6.
THE ESTATE OF ARBABBAHRAMI v MSH INTERNATIONAL (CANADA) LTD AND OTHERS
[2023] Lloyd's Rep. IR 283
Insurance (life and accident) – Assured killed when aircraft brought down by Iranian missiles – Policy exclusion for war, undeclared war and military or usurped power – Whether exclusions applied.
JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS
[2023] Lloyd's Rep. IR 298
Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured's failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty – Marine Insurance Act 1908 (NZ), section 34.
THE RUGBY FOOTBALL UNION v CLARK SMITH PARTNERSHIP LTD AND ANOTHER
[2023] Lloyd's Rep. IR 315
Insurance (construction) – Subrogation – Agreement between employer and contractor for joint names insurance – Subrogation action against contractor – Whether contractor immune from proceedings – Effect of agreement – Subrogation waiver clause.
F M CONWAY LTD v THE RUGBY FOOTBALL UNION AND OTHERS
[2023] Lloyd's Rep. IR 336
Insurance (construction) – Composite insurance – Subrogation – Agreement between employer and contractor for joint names insurance – Subrogation action against contractor – Whether contractor immune from proceedings – Effect of agreement – Subrogation waiver clause.
AL MANA LIFESTYLE TRADING LLC AND OTHERS v UNITED FIDELITY INSURANCE CO PSC AND OTHERS
[2023] Lloyd's Rep. IR 359
Insurance (business interruption) – Jurisdiction – Construction of jurisdiction clause – Exclusive or non-exclusive – Whether clause provided a true alternative or a fall-back.
ALLIANZ INSURANCE PLC v UNIVERSITY OF EXETER
[2023] Lloyd's Rep. IR 370
Insurance (property) – War risks exclusion – Unexploded bomb discovered – Controlled explosion damaged insured property – Whether exclusion applied.
BRIAN LEIGHTON (GARAGES) LTD v ALLIANZ INSURANCE PLC
[2023] Lloyd's Rep. IR 380
Insurance (property) – Proximate cause – Pipe punctured by sharp object – Oil escaping and damaging premises – Policy excluded loss “caused by pollution or contamination” – Whether pollution of contamination was proximate cause of loss – Marine Insurance Act 1906, section 55.
ERS SYNDICATE 218 AT LLOYD'S v MOTORSHIFTER LTD AND ANOTHER
[2023] Lloyd's Rep. IR 393
Insurance (motor) – Policy Schedule insuring only vehicles driven under trade plates for business purposes – Policy Certificate covering all uses – Vehicle driven by assured's employee for private purposes – Whether priority to be given to Schedule over Certificate.
IAG NEW ZEALAND LTD v SHAW
[2023] Lloyd's Rep. IR 405
Insurance (property) – Motorhome taken in family dispute – Ownership of motorhome contested – Whether motorhome physically lost.
RITCHIE v ADVANCED PLUMBING AND DRAINS PTY LTD AND ANOTHER
[2023] Lloyd's Rep. IR 413
Insurance (public liability) – Third-party claim against insurers following assured's liquidation – Scope of insured business – Obligation to take reasonable care – Construction of welding endorsement.
DASSAULT AVIATION SA v MITSUI SUMITOMO INSURANCE CO LTD
[2023] Lloyd's Rep. IR 431
Arbitration – Jurisdiction – Non-assignment clause in sale contract – Whether clause precluded action in arbitration by subrogated insurers suing in their own name – Nature of subrogation – Distinction between voluntary and involuntary assignment – Arbitration Act 1996, section 67.
PIZZAEXPRESS GROUP LTD AND OTHERS v LIBERTY MUTUAL INSURANCE EUROPE SE AND ANOTHER
[2023] Lloyd's Rep. IR 447
Insurance (business interruption) – Extensions to cover – Sub-limits – Whether aggregation clause applied to sub-limits.
QUADRA COMMODITIES SA v XL INSURANCE COMPANY SE AND OTHERS
[2023] Lloyd's Rep. IR 455
Insurance (marine) – Cargo claim – Insurable interest – Unascertained part of identified bulk – Sale of Goods Act 1979, section 20A.
RE PHOENIX LIFE LTD
[2023] Lloyd's Rep. IR 481
Insurance (transfer of insurance business) – Financial Services and Markets Act 2000, sections 107 and 111 – Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 710) – Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001 (SI 2001 No 3625).
RE ZURICH INSURANCE PLC
[2023] Lloyd's Rep. IR 493
Insurance (transfer of insurance business) – Financial Services and Markets Act 2000, sections 107, 109 and 111.
ADELAIDE (SA) POOLS & SPA MANUFACTURING AND INSTALLATION PTY LTD AND OTHERS v WESTCOURT GENERAL INSURANCE BROKERS PTY LTD (NO 2)
[2023] Lloyd's Rep. IR 501
Insurance (business interruption) – Liability of insurance broker – Inadequate insurance placed for loss of business – Whether broker in breach of duty of care – Measure of damages – Contributory negligence – Failure to mitigate – Liability to controller of business.
AON UK LTD v LAMIA CORPORATION SRL AND OTHERS, TOKIO MARINE KILN SYNDICATES LTD AND OTHERS v BISA SEGUROS Y REASEGUROS AND OTHERS
[2023] Lloyd's Rep. IR 527
Reinsurance – Conflict of laws – Anti-suit injunction – Quasi-contractual claim against brokers – Whether claim under Florida law against reinsurers vexatious and oppressive.
FONDS DE GARANTIE DES VICTIMES DES ACTES DE TERRORISME AND D'AUTRES INFRACTIONS v VICTORIA SEGUROS SA
[2023] Lloyd's Rep. IR 555
Insurance – Conflict of laws – Limitation of actions – Subrogation – Rome II Regulation, Regulation (EC) No 864/2007.
KESTENBERG SIEGAL LIPKUS v ROYAL & SUN ALLIANCE INSURANCE CO AND OTHERS
[2023] Lloyd's Rep. IR 560
Insurance (liability) – Claims-made and notified policy – Whether obligation to notify the insurers of claims within the policy period was a condition precedent.
PRESTIGE FORM GROUP NSW PTY LTD v QBE EUROPEAN OPERATIONS PLC
[2023] Lloyd's Rep. IR 564
Insurance (contractors’ liability) – Exclusion for damage to contract works – Whether exclusion was limited to contract works owned by or in assured's possession.
BELLINI (N/E) LTD v BRIT UW LTD
[2023] Lloyd's Rep. IR 573
Insurance (business interruption) – Material damage – Contagious disease extension – Whether assured had to prove material damage to trigger contagious disease extension.
RITCHIE v INSURANCE AUSTRALIA LTD
[2023] Lloyd's Rep. IR 580
Insurance (public liability) – Fire caused by sparks from power cutter – Policy exclusion for operation of spark-producing equipment – Whether exclusion applied.
THERA AGRI CAPITAL NO 2 PTY LTD v BCC TRADE CREDIT PTY LTD
[2023] Lloyd's Rep. IR 586
Insurance (trade credit) – Assured agreed to finance purchase of commodities using Sharia-compliant Murabaha arrangement – Borrower used sums to purchase different commodities – Murabaha arrangement not followed – Whether insurers liable for bad debt under trade credit policy.
BCC TRADE CREDIT PTY LTD v THERA AGRI CAPITAL NO 2 PTY LTD
[2023] Lloyd's Rep. IR 621
Insurance (trade credit) – Assured agreed to finance purchase of commodities using Sharia-compliant Murabaha arrangement – Borrower used sums to purchase different commodities – Murabaha arrangement not followed – Whether insurers liable for bad debt under trade credit policy.
INCHCAPE AUSTRALIA LTD v CHUBB INSURANCE AUSTRALIA LTD
[2023] Lloyd's Rep. IR 647
Insurance (electronic and computer crime) – Assured suffering ransomware attack – Scope of cover under policy – Whether heads of cover were independent – Whether indemnity limited to replacement cost of blank media and transcription of data.
ROYAL AND SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS
[2023] Lloyd's Rep. IR 657
Insurance (professional indemnity) – Solicitors – Composite policy – Scope of cover – Claim against solicitors representing amount of fees – Entitlement to fees – Restitutionary claims – Whether claim within policy.
STONEGATE PUB CO LTD v MS AMLIN CORPORATE MEMBER LTD AND OTHERS
[2023] Lloyd's Rep. IR 672
Insurance (business interruption) – Covid-19 – Triggers for coverage – Aggregation of losses by reference to “occurrence” – Causation – Whether losses after expiry of policy but within the indemnity period were caused by events in the policy period – Additional Increased Cost of Working – Subrogation and deduction of benefits received from the state.