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CAPE DISTRIBUTION LTD v CAPE INTERMEDIATE HOLDINGS PLC (NO 2)
[2017] Lloyd's Rep. IR 1
Insurance (employers’ liability) – Exposure to asbestos – Mesothelioma – Co-insurance – Co-assured liable to give indemnity – Insurance not covering full period of co-assured's liability – Subrogation – Recoupment – Contribution – Civil Liability (Contribution) Act 1978, sections 1 and 7 – Limitation Act 1980, section 35 – Senior Courts Act 1981, section 51 – Civil Procedure Rules, r 17.1(2)(a).
IMPACT FUNDING SOLUTIONS LTD v AIG EUROPE INSURANCE LTD
[2017] Lloyd's Rep. IR 60
Insurance (professional indemnity) – Solicitors – Exclusion for liability under contracts for services – Scope of exclusion – Liability to indemnify lenders under litigation funding arrangements – Third Parties (Rights Against Insurers) Act 1930.
ALLEN v MOHAMMED AND ANOTHER
[2017] Lloyd's Rep. IR 73
Insurance (motor) – Unidentified driver driving with permission of owner of vehicle – Breach of statutory duty – Road Traffic Act 1988, sections 143 and 151 – European Communities (Rights Against Insurers) Regulations 2002.
HAYWARD v ZURICH INSURANCE CO PLC
[2017] Lloyd's Rep. IR 84
Insurance (employers' liability) – Settlement – Insurers suspicious of fraud – Whether settlement could be overturned when evidence of fraud came to light – Elements of fraudulent misrepresentation.
MORENO v MOTOR INSURERS’ BUREAU
[2017] Lloyd's Rep. IR 99
Insurance (motor) – Victim injured by uninsured driver in Greece – Recovery from Motor Insurers’ Bureau – Whether English or Greek measure of damages recoverable – Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulations 12 and 13 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC – Rome II Regulation, European Parliament and Council Regulation 864/2007/EC.
SAHIN v HAVARD AND ANOTHER
[2017] Lloyd's Rep. IR 110
Insurance (motor) – Claimant injured by uninsured, untraced driver – Claim against hirer for causing or permitting uninsured use – Whether insurers liable to indemnify hirer – Road Traffic Act 1988, sections 143, 145, 148 and 151.
SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC
[2017] Lloyd's Rep. IR 118
Insurance (liability) – Aggregation of losses – Construction of Proviso – Whether limit of indemnity for linked claims was £10 million or £20 million – Construction of contribution clause – Whether deductible applied to each claim or to aggregate of claims.
TRUSTEES EXECUTORS LTD v FUND MANAGERS CANTERBURY LTD
[2017] Lloyd's Rep. IR 128
Insurance (Directors and officers) – Construction of policy – Professional services exclusion – Significance of professional indemnity policy issued by same insurers.
GUNN AND OTHERS v DIAZ AND OTHERS
[2017] Lloyd's Rep. IR 139
Insurance (motor vehicle) – Service out of jurisdiction – Necessary and proper party – Civil Procedure Rules, Part 6, Practice Direction 6B, paras 3.1(9)(a) and 3.1(3) – Regulation 864/2007/EC (Rome II Regulation).
METLIFE INSURANCE LTD v RGA REINSURANCE COMPANY OF AUSTRALIA LTD
[2017] Lloyd's Rep. IR 160
Reinsurance – Group life insurance – Personal injury and accident cover – Trigger date for coverage under the reinsurance – Presumption of back-to-back cover.
PRATTLEY ENTERPRISES LTD v VERO INSURANCE NEW ZEALAND LTD
[2017] Lloyd's Rep. IR 175
Insurance (property) – Building damaged in two earthquakes and demolished after third earthquake – Settlement reached – Whether settlement could be overturned – Measure of indemnity for successive losses.
PREMIER MOTOR AUCTIONS LTD AND ANOTHER v PRICEWATERHOUSECOOPERS LLP AND ANOTHER
[2017] Lloyd's Rep. IR 186
Insurance (after the event) – Application for security for costs – Whether ATE insurance a suitable alternative to order for security for costs – CPR Part 25.
ZURICH INSURANCE PLC v MACCAFERRI LTD
[2017] Lloyd's Rep. IR 200
Insurance (product liability) – Claims condition – Condition precedent – Obligation on insured to give notice in writing to the insurer as soon as possible after the occurrence of any event likely to give rise to a claim – Insured becoming aware of claim 20 months after event – Whether insured in breach of condition.
AIG EUROPE LTD v WOODMAN AND OTHERS
[2017] Lloyd's Rep. IR 209
Insurance (professional indemnity) – Aggregation clause – Meaning of “similar acts or omissions in a series of related matters or transactions”
AXA VERSICHERUNG AG v ARAB INSURANCE GROUP (BSC)
[2017] Lloyd's Rep. IR 216
Reinsurance – First loss facultative obligatory treaties – Non-disclosure and misrepresentation – Materiality of loss history – Inducement.
DENSO MANUFACTURING UK LTD v GREAT LAKES REINSURANCE (UK) PLC
[2017] Lloyd's Rep. IR 240
Insurance (after the event) – Effect of policy conditions – Whether conditions were conditions precedent – Whether conditions broken – Obligation to pay the premium – Insolvency of assured – Third Parties (Rights Against Insurers) Act 1930.
W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER v TEAL ASSURANCE CO LTD (NO 2)
[2017] Lloyd's Rep. IR 259
Insurance (professional indemnity) – Date on which liability of assured established and ascertained – Interim payments.
XYZ v TRAVELERS INSURANCE CO LTD
[2017] Lloyd's Rep. IR 269
Insurance (liability) – Insurer causing assured to defend uninsured claims – Whether claimants entitled to costs from insurer – Senior Courts Act 1981, section 51.
AMLIN UK LTD v GEO-ROPE LTD
[2017] Lloyd's Rep. IR 277
Insurance (employers' liability) – Employers' Liability (Compulsory Insurance) Act 1969, section 1 – Employers' Liability (Compulsory Insurance) Regulations 1998, Regulation 2 – Policy containing prohibited condition relating to cooperation by assured – Whether insurer, having paid, could seek indemnity from assured.
AZEVEDO AND OTHERS v CED PORTUGAL UNIPESSOAL LDA AND OTHERS
[2017] Lloyd's Rep. IR 284
Insurance (motor) – Claims representative – Whether victim has direct claim against claims representative – European Parliament and Council Directive 2000/26/EC.
GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD AND ANOTHER; CHINA NATIONAL CHARTERING CO LTD AND ANOTHER v GARD MARINE & ENERGY LTD AND ANOTHER; DAIICHI CHUO KISEN KAISHA v GARD MARINE & ENERGY LTD AND ANOTHER (THE “OCEAN VICTORY”)
[2017] Lloyd's Rep. IR 291
Insurance – Shipping – Charterparty – Safe port warranty – Convention on Limitation of Liability for Maritime Claims 1976 – Merchant Shipping Act 1995, section 185 and schedule 7.
GRACE ELECTRICAL ENGINEERING PTE LTD v EQ INSURANCE CO LTD
[2017] Lloyd's Rep. IR 323
Insurance (public liability) – Liability incurred for fire damage – Policy containing General Conditions relating to reasonable care, admission of liability and limitation period – Whether General Conditions were conditions precedent – Whether any of the conditions was breached.
UK INSURANCE v FARROW AND ANOTHER (TRADING AS R FARROW & SONS)
[2017] Lloyd's Rep. IR 338
Insurance (liability) – Injury caused to third party by escape of dog – Whether dog being used for private purposes only – Concurrent causes of loss.
CRUISE AND MARITIME SERVICES INTERNATIONAL LTD v NAVIGATORS UNDERWRITING AGENCY LTD (THE “MARCO POLO”)
[2017] Lloyd's Rep. IR 347
Insurance (marine) – Policy covering charterers’ liability – Co-insurance – Cruise cancelled due to outbreak of norovirus – Liability for passengers – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 – Whether claimant tour company entitled to recover under policy.
MCBRIDE v UK INSURANCE LTD CLAYTON v EUI LTD
[2017] Lloyd's Rep. IR 352
Insurance (motor) - Credit hire - Recoverability of hire charges -
Measure of damages - Basic hiring rate - Whether additional cost of hiring with no excess recoverable.
PEEL PORT SHAREHOLDER FINANCE CO LTD v DORNOCH LTD
[2017] Lloyd's Rep. IR 374
Insurance (liability) – Pre-action discovery – Application for disclosure of insurance policy of solvent defendant – Third Parties (Rights Against Insurers) Act 2010 – CPR 31.16.
QUEK KWEE KEE AND ANOTHER v AMERICAN INTERNATIONAL ASSURANCE CO LTD AND ANOTHER
[2017] Lloyd's Rep. IR 379
Insurance (personal accident) – Assured taking overdose of prescribed drugs – Meaning of “accident” – Whether intended act with unintended consequences was an “accident” – Whether test subjective or objective.
R (ON THE APPLICATION OF AVIVA LIFE & PENSIONS (UK) LTD) v FINANCIAL OMBUDSMAN SERVICE
[2017] Lloyd's Rep. IR 404
Insurance (life) – Financial Ombudsman Service – Duties of FOS – Judicial review – Financial Services and Markets Act 2000, section 228 – Consumer Insurance (Disclosure and Representations) Act 2012, section 3.
LEEDS BECKETT UNIVERSITY v TRAVELERS INSURANCE CO LTD
[2017] Lloyd's Rep. IR 417
Insurance (property) – All risks cover – Building demolished – Foundations disintegrated by reason of flowing water – Whether damage accidental and inevitable – Exclusion for gradual deterioration – Exclusion for faulty or defective design – Exclusion for contamination – Whether subsequent damage.
UK INSURANCE LTD v R&S PILLING (TRADING AS PHOENIX ENGINEERING)
[2017] Lloyd's Rep. IR 463
Insurance (motor) – Assured setting fire to buildings while carrying out repairs on car – Whether policy covered liability – Whether assured using car by repairing it – Road Traffic Act 1988, section 145(3).
WASTELL v WOODWARD AND ANOTHER
[2017] Lloyd's Rep. IR 474
Insurance (motor) – Compulsory insurance – Injuries inflicted on motorcyclist by assured crossing a road to get to vehicle – Whether injuries caused by or arising out of the use of vehicle – Road Traffic Act 1988, section 145(3).
WHYATT AND OTHERS v POWELL AND OTHERS
[2017] Lloyd's Rep. IR 478
Insurance (motor) – Passengers injured by negligence of uninsured driver – Claim against Motor Insurers’ Bureau – Exclusion for persons who knew or ought to have known that driver was uninsured – Whether passengers ought to have known that driver was uninsured – Motor Insurers’Bureau Uninsured Drivers Agreement 1999, clause 6(1)(e)(ii).
CAMERON v HUSSAIN AND ANOTHER
[2017] Lloyd's Rep. IR 487
Insurance (motor) – Compulsory insurance – Driver of vehicle unidentified – Whether victim entitled to judgment against unidentified driver – Whether victim could enforce judgment against vehicle's insurers – Road Traffic Act 1988, sections 143, 151 and 152 – Motor Insurers’ Bureau Untraced Drivers Agreement.
DALECROFT PROPERTIES LTD v UNDERWRITERS SUBSCRIBING TO CERTIFICATE NUMBER 755/BA004/2008/OIS/00000282/2008/005
[2017] Lloyd's Rep. IR 511
Insurance (property) – Breach of the duty of utmost good faith – Non-disclosure and misrepresentation – Materiality and inducement – Breach of warranty – Date of policy – Divisibility of policy – Marine Insurance Act 1906, sections 18 to 20 and 33 to 35.
FIDELIDADE-COMPANHIA DE SEGUROS SA v CAISSE SUISSE DE COMPENSATION AND OTHERS
[2017] Lloyd's Rep. IR 540
Insurance (motor) – "Compulsory insurance" – Policy avoided by reason of misrepresentation as to driver – Whether insurers entitled to avoid liability – First, Second and Third Motor Insurance Directives, Council Directive 72/166/EEC – Council Directive 84/5/EEC – Council Directive 90/232/EEC.
MYALL v TOWER INSURANCE LTD
[2017] Lloyd's Rep. IR 546
Insurance (property) – Measure of indemnity – Standard of repairs required – Apportionment for underinsurance.
ANNEX DEVELOPMENTS LTD v IAG NEW ZEALAND LTD AND ANOTHER
[2017] Lloyd's Rep. IR 561
Insurance (property) – Reinstatement of cover – Whether reinstatement triggered by payment of claim or by liability to pay claim – Settlement – Whether settlement could be overturned.
HOWE v MOTOR INSURERS’ BUREAU
[2017] Lloyd's Rep. IR 570
Insurance (motor) – Claimant injured in road accident in France – Insurers of driver not traced – Claim for compensation against the Motor Insurers’ Bureau – Limitation period – Foreign Limitation Periods Act 1984 – Limitation Act 1980, sections 11 and 33 – Motor Vehicle (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003.
HOWE v MOTOR INSURERS’ BUREAU (NO 2)
[2017] Lloyd's Rep. IR 576
Insurance (motor) – Costs – Qualified one-way costs shifting – Whether claim against MIB for injuries sustained in France was one for damages for personal injury – Motor Vehicle (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (SI 2003 No 37), Regulations 13 and 16 – CPR 44.13.
MANITOWOQ PLATINUM PTY LTD AND ANOTHER v WFI INSURANCE LTD
[2017] Lloyd's Rep. IR 583
Insurance (business liability) – Refit of restaurant negligently performed – Whether insurers had a defence under the policy – General Condition requiring compliance with Australian Standards – Products exclusion – Workmanship exclusion.
YOUNG AND ANOTHER v TOWER INSURANCE LTD
[2017] Lloyd's Rep. IR 605
Insurance (property) – Earthquake damage – Whether house capable of economic repair – Whether insurers elected to make a cash settlement – Scope of duty of utmost good faith – Exemplary damages – Damages for late payment.
ASPEN UNDERWRITING LTD v KAIROS SHIPPING LTD AND OTHERS (THE “ATLANTIK CONFIDENCE”)
[2017] Lloyd's Rep. IR 635
Insurance (marine) – Vessel lost at sea – Settlement Agreement between owners and underwriters – Subsequent discovery that vessel was deliberately sunk – Claim by underwriters to recover settlement sum from mortgagee bank – Whether bank bound by exclusive jurisdiction clause in agreement – Agency – Jurisdiction over claims in tort and restitution – Whether special jurisdiction rules for insurance applied – Brussels Regulation Recast, Council Regulation 1215/2012/EU, articles 7 and 14.
HIGHERDELTA LTD v COVEA INSURANCE PLC
[2017] Lloyd's Rep. IR 650
Insurance (property) – Duty of disclosure – Misrepresentation – Materiality – Whether refusal to renew residential policy material to commercial policy – Inducement – Marine Insurance Act 1906, sections 18 and 20.
TED BAKER PLC AND ANOTHER v AXA INSURANCE UK PLC AND OTHERS
[2017] Lloyd's Rep. IR 682
Insurance (business interruption) – Claims co-operation clause – Requirement for assured to submit proofs as might reasonably be required by insurers – Whether clause broken – Effect of breach – Burden of proof – Effect of per loss deductible.