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AMI INSURANCE LTD v LEGG AND OTHERS
[2018] Lloyd's Rep. IR 1
Insurance (liability) – Causation – Exclusion for business use of land – Meaning of “arising out of or in connection with” – Concurrent causes.
ASSENS HAVN v NAVIGATORS MANAGEMENT (UK) LTD
[2018] Lloyd's Rep. IR 10
Insurance (liability) – Third-party direct action against insurers – Jurisdiction – Exclusive jurisdiction clause – Whether clause binding on third-party claimant – Brussels Regulation, Council Regulation 44/2001/EC, articles 11, 13 and 14.
MENDES v CRÉDITO AGRÍCOLA SEGUROS – COMPANHIA DE SEGUROS DE RAMOS REAIS SA
[2018] Lloyd's Rep. IR 16
Insurance (motor) – Compulsory cover – Policyholder/owner of vehicle run down and injured by thief – Portuguese law precluding coverage for policyholder – Whether exclusion compatible with EU law – European Parliament and Council Directive 2009/103/EC, articles 12(3) and 13(1).
METLIFE INSURANCE LTD v RGA REINSURANCE COMPANY OF AUSTRALIA LTD
[2018] Lloyd's Rep. IR 24
Reinsurance – Group life insurance – Personal injury and accident cover – Trigger date for coverage under the reinsurance – Presumption of back-to-back cover.
REDMAN v ZURICH INSURANCE PLC AND ANOTHER
[2018] Lloyd's Rep. IR 45
Insurance (liability) – Assured company removed from register – Whether insurers could be sued directly – Transitional arrangements – Third Parties (Rights Against Insurers) Act 1930 – Third Parties (Rights Against Insurers) Act 2010 – Third Parties (Rights Against Insurers) Act 2010 (Commencement) Order.
WEIR SERVICES AUSTRALIA PTY LTD v AXA CORPORATE SOLUTIONS ASSURANCE
[2018] Lloyd's Rep. IR 50
Insurance (liability) – Claim settled by assured prior to arbitration award – Award dismissing claim against assured – Whether insurers liable for settlement – Whether insurers liable for defence costs – Meaning of “occurrence” – Claims condition – Effect of condition precedent.
BAE SYSTEMS PENSION FUNDS TRUSTEES LTD v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS
[2018] Lloyd's Rep. IR 77
Insurance (liability) – Third Parties (Rights Against Insurers) Act 2010 – Application to join insurers to claim against assured – Dispute as to liability of assured – Dispute as to coverage under policy – Effect of arbitration clause in insurance policy.
CROWDEN AND ANOTHER v QBE INSURANCE (EUROPE) LTD
[2018] Lloyd's Rep. IR 83
Insurance (professional indemnity) – Exclusion for insolvency – Principles applicable to interpretation of insurance exclusions – Causation – Effect of assignment of rights to Financial Services Compensation Scheme – Third Parties (Rights Against Insurers) Act 1930 – Financial Services and Markets Act 2000.
FARRELL v WHITTY AND OTHERS
[2018] Lloyd's Rep. IR 103
Insurance (motor) – Direct effect of EU law – Whether Motor Insurers’ Bureau of Ireland an emanation of the state.
MALAMIT PTY LTD v WFI INSURANCE LTD
[2018] Lloyd's Rep. IR 110
Insurance (professional indemnity) – Whether claim made by “third party” – Exclusion for claims by subsidiaries.
NETO DE SOUSA v PORTUGUESE STATE
[2018] Lloyd's Rep. IR 118
Insurance (motor vehicle) – Driver injured in motor vehicle accident – Driver's spouse killed – Whether driver has insurance claim – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.
PREMIER MOTOR AUCTIONS LTD AND ANOTHER v PRICEWATERHOUSECOOPERS LLP AND ANOTHER
[2018] Lloyd's Rep. IR 123
Insurance (after the event) – Application for security for costs – Whether ATE insurance a suitable alternative to order for security for costs – CPR Part 25.
SKM RECYCLING PTY LTD AND ANOTHER v AUSTRALIAN RELIANCE PTY LTD
[2018] Lloyd's Rep. IR 133
Insurance (business interruption) – Liability of broker – Failure by broker to ensure that application to insurers contained correct information – Whether broker under a duty to ensure that assured understood financial questions – Measure of damages.
OLDHAM v QBE INSURANCE (EUROPE) LTD
[2018] Lloyd's Rep. IR 151
Insurance (professional indemnity) – Liability of insurer to pay defence costs – Coverage dispute resolved by arbitrator in favour of insurers – Whether assured required to repay defence costs – Serious irregularity in award on costs – Extension of time for appeal – Arbitration Act 1996, sections 33, 68, 69, 70 and 80.
RODRIGUES DE ANDRADE AND ANOTHER v SALVADOR AND OTHERS
[2018] Lloyd's Rep. IR 164
Insurance (motor) – Tractor stationary but engine switched on to drive a herbicide spray pump – Definition of “vehicle” – Whether vehicle being “used” – Council Directive 72/166/EEC, articles 1(1) and 3(1).
SADAT v TOWER INSURANCE LTD AND ANOTHER
[2018] Lloyd's Rep. IR 170
Insurance (property) – Whether house damaged by earthquake – Validity of evidence of effect of earthquake – Whether economic loss was recoverable – Whether house becoming uninhabitable was economic loss – Proximate cause – Damages for failure to pay claim.
SOUTHERN ROCK INSURANCE CO LTD v HAFEEZ
[2018] Lloyd's Rep. IR 207
Insurance (motor) – Presentation of the risk – Misrepresentation – Whether assured had misrepresented residence address – Right of insurers to avoid policy – Consumer Insurance (Disclosure and Representations) Act 2012 – Road Traffic Act 1988, sections 151 and 152.
ALLIANZ INSURANCE PLC AND ANOTHER v TONICSTAR LTD
[2018] Lloyd's Rep. IR 221
Arbitration – Reinsurance – Qualification of arbitrator – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 30.
ASHFAQ v INTERNATIONAL INSURANCE COMPANY OF HANNOVER PLC
[2018] Lloyd's Rep. IR 228
Insurance (property) – Basis of contract clause – Criminal trial pending against assured – Breach of warranty – Unfair Terms in Consumer Contracts Regulations 1999 – Insurance Conduct of Business Sourcebook (ICOBS) Rules – Whether assured was a consumer.
CHANNON (TRADING AS CHANNON & CO) v WARD (TRADING AS WARD & ASSOCIATES)
[2018] Lloyd's Rep. IR 239
Insurance (professional indemnity) – Claim by applicant against insurance broker for failing to obtain insurance – Whether policy would have covered the claims against the applicant.
CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE “RENOS”)
[2018] Lloyd's Rep. IR 250
Insurance (marine) – Vessel damaged by fire – Whether vessel a constructive total loss – Whether notice of abandonment validly served – Assessment of costs of repairs – Whether costs incurred before notice of abandonment served to be taken into account – Salvage costs – Suing and labouring – Marine Insurance Act 1906, sections 60, 62 and 88.
D GEDDES (CONTRACTORS) LTD v NEIL JOHNSON HEALTH & SAFETY SERVICES LTD
[2018] Lloyd's Rep. IR 264
Indemnity – Claimant fined for infringement of health and safety legislation – Claim in negligence against claimant's advisor for recovery of fine – Whether claim barred by ex turpi causa principle.
SHEEHAN v LLOYD'S NAMES MUNICH RE SYNDICATE LTD
[2018] Lloyd's Rep. IR 270
Insurance (marine) – Engine damaged by loss of oil – Causation – Whether damage accidentally caused – Whether proximate cause of loss was use of engine or defective design of engine.
SUN ALLIANCE (BAHAMAS) LTD AND ANOTHER v SCANDI ENTERPRISES LTD (BAHAMAS)
[2018] Lloyd's Rep. IR 286
Insurance (contractors all risks) – Scope of cover – Whether existing buildings were insured – Whether policy with stated insured value was a valued policy.
AMLIN CORPORATE MEMBER LTD v BABY BASICS LTD AND ANOTHER
[2018] Lloyd's Rep. IR 291
Insurance (product liability) – Compliance with claims conditions – Meaning of “bodily injury” – Negative declaratory relief.
CONTACT (PRINT AND PACKAGING) LTD v TRAVELERS INSURANCE CO LTD
[2018] Lloyd's Rep. IR 295
Insurance (property and business interruption) – Proximate cause of loss – Subsidence and settlement – Defective design of foundations – Measure of indemnity for property damage – Measure of indemnity for business interruption.
LEE AND OTHERS v IAG NEW ZEALAND LTD
[2018] Lloyd's Rep. IR 345
Insurance (property) – Building damaged by earthquake – Measure of indemnity where building not reinstated – Betterment – Principles for calculation of interest.
BODY CORPORATE 74246 v QBE INSURANCE (INTERNATIONAL) LTD AND ANOTHER
[2018] Lloyd's Rep. IR 359
Insurance (property) – Double insurance – Contribution – Date on which policy incepted – Implied term – Rectification.
ENGELHART CTP (US) LLC v LLOYD'S SYNDICATE 1221 FOR THE 2014 YEAR OF ACCOUNT AND OTHERS
[2018] Lloyd's Rep. IR 368
Insurance (marine) – Cargo all risks policy – Goods never shipped to assured – Whether policy covered paper as well as physical losses.
EQUITAS INSURANCE LTD v MUNICIPAL MUTUAL INSURANCE LTD
[2018] Lloyd's Rep. IR 377
Reinsurance – Mesothelioma – Spiking of claims against reinsurers – Application for permission to appeal against arbitration award – Arbitration Act 1996, section 69.
HABERDASHERS’ ASKE'S FEDERATION TRUST LTD AND ANOTHER v LAKEHOUSE CONTRACTS LTD AND ANOTHER ZURICH INSURANCE PLC AND OTHERS (THIRD PARTIES)
[2018] Lloyd's Rep. IR 382
Insurance – Subrogation – Construction contract – Sub-contractor required to indemnify contractor and to insure against liability – Contractor's policy covering sub-contractor – Whether sub-contractor immune from subrogation proceedings by contractor's insurers – Agency – Standing offer – Acceptance by conduct – Contracts (Rights of Third Parties) Act 1999.
HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD AND OTHERS
[2018] Lloyd's Rep. IR 402
Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, section 24.
NÚÑEZ TORREIRO v AIG EUROPE LTD, SUCURSAL EN ESPAÑA AND ANOTHER
[2018] Lloyd's Rep. IR 418
Insurance (motor) – Use of vehicle – Claimant injured on private land in a military vehicle – Whether insurance compulsory for such use – Directive 2009/103/EC, article 3.
SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC
[2018] Lloyd's Rep. IR 425
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.
AQUAGENICS PTY LTD (IN LIQUIDATION) v CERTAIN UNDERWRITERS AT LLOYD'S SUBSCRIBING TO CONTRACT NUMBER NCP106108663
[2018] Lloyd's Rep. IR 431
Insurance (professional indemnity) – Meaning of “claim” – Meaning of “wrongful act” – Whether wrongful act committed in course of business activities – Exclusion for assumed liability.
ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE “B ATLANTIC”)
[2018] Lloyd's Rep. IR 448
Insurance (marine) – War risks clauses – Smuggling by crew members – Causation – Coverage for acts by persons acting maliciously – Exclusion for detainment for infringement of customs regulations.
FUND MANAGERS CANTERBURY LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD
[2018] Lloyd's Rep. IR 463
Insurance (Directors and officers) – Construction of policy – Professional services exclusion – Significance of professional indemnity policy issued by same insurers.
RAMSOOK v CROSSLEY
[2018] Lloyd's Rep. IR 471
Insurance (motor liability) – Policy conferring upon the insurers the right to take over the defence of any claim – Judgment obtained against the assured without her knowledge – Whether judgment should be set aside – Duty of insurers towards an assured in defending a claim.
ROADPEACE v SECRETARY OF STATE FOR TRANSPORT MOTOR INSURERS’ BUREAU (INTERESTED PARTY)
[2018] Lloyd's Rep. IR 478
Insurance (motor) – Compatibility of UK law with EU law – Road Traffic Act 1988 – European Communities (Rights Against Insurers) Regulations 2002, SI 2002 No 3061 – Motor Insurers’ Bureau Agreements – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.
BLUEBON LTD v AGEAS UK LTD AND OTHERS
[2018] Lloyd's Rep. IR 503
Insurance (property) – Electrical Installation Inspection Warranty requiring inspections every five years – Meaning of “warranty” – Whether a true warranty or a suspensory condition.
BROADGRAIN COMMODITIES INC v CONTINENTAL CASUALTY CO
[2018] Lloyd's Rep. IR 541
Insurance (marine) – Goods shipped under CIF contract – Certificates of insurance assigned to buyer – Goods damaged in transit – Claim by seller – Whether seller had insurable interest – Whether seller suffered loss – Waiver and estoppel – Canadian Marine Insurance Act 1993 – UK Marine Insurance Act 1906, sections 5, 7, 8 and 14.
GUASTALEGNAME v AUSTRALIAN ASSOCIATED MOTOR INSURERS LTD
[2018] Lloyd's Rep. IR 551
Insurance (property) – Heave – Whether “soil movement” included heave.
LANDESKRANKENANSTALTEN-BETRIEBSGESELLSCHAFT (KABEG) v MUTUELLES DU MANS ASSURANCES (MMA IARD SA)
[2018] Lloyd's Rep. IR 556
Insurance (liability) – Jurisdiction – Direct action against insurers – Assignment of claim to employer – Whether claim could be brought in courts of employer's domicile – Brussels Regulation, European Parliament and Council Directive 44/2001/EC, articles 9 and 11.
LEWINGTON v MOTOR INSURERS’ BUREAU
[2018] Lloyd's Rep. IR 562
Insurance (motor) – Appellant injured by untraced driver – Claim against Motor Insurers’ Bureau under Untraced Drivers Agreement – Meaning of “motor vehicle” – Appeal against arbitrator's award – Whether MIB Agreement compatible with the Consolidated Motor Insurance Directive, 2009/103/EC – Road Traffic Act 1988, section 185 – Arbitration Act 1996, section 69.
EURO POOLS PLC v ROYAL AND SUN ALLIANCE INSURANCE PLC
[2018] Lloyd's Rep. IR 575
Insurance (professional indemnity) – Claims made cover – Notification of circumstances – Whether assured aware of circumstances at the time of alleged notification – Limitation period applicable to mitigation costs – Estoppel by representation and estoppel by convention.
HOFSOE v LVM LANDWIRTSCHAFTLICHER VERSICHERUNGSVEREIN MÜNSTER AG
[2018] Lloyd's Rep. IR 608
Insurance (liability) – Jurisdiction – Direct action against insurers – Assignment of claim to professional claims assignee – Whether claim could be brought in courts of assignee's domicile – Brussels Regulation, European Parliament and Council Regulation (EC) No 44/2001.
IRVING v MORGAN SINDALL PLC
[2018] Lloyd's Rep. IR 614
Insurance (motor vehicle) – Credit hire charges for replacement vehicle – Whether contingent liability to pay charges sufficed for claim – Whether claimant was impecunious.
KILDUFF AND ANOTHER v TOWER INSURANCE LTD
[2018] Lloyd's Rep. IR 621
Insurance (property) – Measure of indemnity – Insurers’ duty of utmost good faith – Late payment.
TRAVELERS INSURANCE CO LTD v XYZ
[2018] Lloyd's Rep. IR 636
Insurance (liability) – Failure of insurers to disclose existence of insurance – Liability of insurers for costs of claimants whose claims were not covered by insurance – Senior Courts Act 1981, section 51.
CLARK v FARLEY AND OTHERS
[2018] Lloyd's Rep. IR 645
Insurance (motor) – Motor Insurers’ Bureau – Claimant injured in collision between two uninsured motorcycles – Ex turpi causa – Whether claimant precluded from recovery by participation in joint enterprise.
MAMANCOCHET MINING LTD v AEGIS MANAGING AGENCY LTD AND OTHERS
[2018] Lloyd's Rep. IR 655
Insurance (marine) – Effect of US and EU sanctions on dealings with Iran – Whether payment under a lawful policy exposed insurers to sanctions under US or EU law.
WEIR SERVICES AUSTRALIA PTY LTD v AXA CORPORATE SOLUTIONS ASSURANCE
[2018] Lloyd's Rep. IR 666
Insurance (liability) – Claim settled by assured prior to arbitration award – Award dismissing claim against assured – Whether insurers liable for settlement – Whether insurers liable for defence costs – Meaning of “occurrence” – Claims condition – Effect of condition precedent.
WHEELDON BROTHERS WASTE LTD v MILLENNIUM INSURANCE CO LTD
[2018] Lloyd's Rep. IR 693
Insurance (property) – Warranty – Conditions precedent – Principles of construction – Whether assured was in breach of any obligations.
XU AND ANOTHER v IAG NEW ZEALAND LTD
[2018] Lloyd's Rep. IR 710
Insurance (property) – Sale of damaged property – Assignment of claim to purchaser – Whether purchaser able to recover rebuilding costs.