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MANCHIKALAPATI AND OTHERS v ZURICH INSURANCE PLC AND ANOTHER
[2020] Lloyd's Rep. IR Plus 1
Insurance (property) – Measure of indemnity – Calculation of cap on liability – Payment in advance of repairs being effected – Double insurance – Causation – Number of claims.
MUNICH RE CAPITAL LTD v ASCOT CORPORATE NAME LTD
[2020] Lloyd's Rep. IR Plus 2
Reinsurance – Back-to-back cover – Duration of reinsurance – Period of cover for construction all risks policy extended – No extension of reinsurance – Whether reinsurance cover applied.
THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS
[2020] Lloyd's Rep. IR Plus 3
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.
DELTA PTY LTD v MECHANICAL AND CONSTRUCTION INSURANCE PTY LTD
[2020] Lloyd's Rep. IR Plus 4
Insurance (liability) – Settlement and assignment of insurance claims – Whether assured faced liability – Meaning of “property damage” – Mitigation costs – Reasonable care clause – Limitation period for insurance claims.
RE AIG EUROPE LTD
[2020] Lloyd's Rep. IR Plus 5
Insurance – Transfer of business – Removal of insurer’s EU business from the UK following Brexit – Transfer to new Luxembourg company – Companies (Cross-Border Mergers) Regulations 2007 – Financial Services and Markets Act 2000, sections 104, 111 and 112.
CORBETT AND OTHERS v VERO INSURANCE NEW ZEALAND LTD
[2020] Lloyd's Rep. IR Plus 6
Insurance (contract works) – Windows scratched by subcontractors – Policy excluding any part of the contract works “defective in material or workmanship” – Distinction between “damage” and “defect”.
DODDS AND OTHERS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD
[2020] Lloyd's Rep. IR Plus 7
Insurance (property) – Settlement contract – Misrepresentation by insurers as to sums payable – Continuing duty of utmost good faith – Whether settlement could be overturned
HISCOX DEDICATED CORPORATE MEMBER LTD AS REPRESENTATIVE OF SYNDICATE 33 AT LLOYD’S AND ANOTHER v WEYERHAEUSER CO
[2020] Lloyd's Rep. IR Plus 8
Insurance (liability) – Arbitration – Excess policy incorporating terms of primary policy – Whether London arbitration clause in primary policy was incorporated into excess policy – Conflict with US service of suit clause – Anti-suit injunction.
R (ON THE APPLICATION OF CRITCHLEY) v FINANCIAL OMBUDSMAN SERVICE LTD BANK OF SCOTLAND PLC (TRADING AS HALIFAX) (FIRST INTERESTED PARTY) THE FINANCIAL CONDUCT AUTHORITY (SECOND INTERESTED PARTY)
[2020] Lloyd's Rep. IR Plus 9
Insurance (payment protection insurance) – Allegation of mis-selling – Complaint dismissed by Financial Ombudsman Service – Judicial review – Whether Ombudsman decision perverse or irrational – Utmost good faith – Financial Services and Markets Act 2000, section 228(2) – Financial Conduct Authority Handbook DISP.
RUST-HACKNER AND OTHERS v NÜRNBERGER VERSICHERUNG AKTIENGESELLSCHAFT ÖSTERREICH KL v UNIQA ÖSTERREICH VERSICHERUNGEN AG LK v DONAU VERSICHERUNG AG VIENNA INSURANCE GROUP MJ v ALLIANZ ELEMENTAR LEBENSVERSICHERUNGS-AKTIENGESELLSCHAFT NI v ALLIANZ ELEMENTAR LEBENSVERSICHERUNGS-AKTIENGESELLSCHAFT
[2020] Lloyd's Rep. IR Plus 10
Insurance (life) – Cooling-off period – Running of time – Effect of insurers failing to provide accurate information as to right of cancellation in cooling off period – European Parliament and Council Directive 2009/138/EC (Solvency II).
ALLIANZ AUSTRALIA INSURANCE LTD v CERTAIN UNDERWRITERS AT LLOYD’S OF LONDON SUBSCRIBING TO POLICY NUMBER B105809GCOM0430
[2020] Lloyd's Rep. IR Plus 11
Insurance – Double insurance and contribution – Effect of “other insurance” clauses – Whether exclusion clause took priority over excess clause.
WATSON v HEMINGWAY DESIGN LTD AND OTHERS
[2020] Lloyd's Rep. IR Plus 12
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.
FRUCOR BEVERAGES LTD AND OTHERS v BLUMBERG AND OTHERS
[2020] Lloyd's Rep. IR Plus 13
Insurance (motor) – Hire of replacement vehicle – Champerty – Whether hiring charges could be recovered from the defendant – Reasonableness of the charges – Effect of delay to repairs.
PUTTA v ROYAL & SUN ALLIANCE INSURANCE PLC
[2020] Lloyd's Rep. IR Plus 14
Insurance (motor) – Hire of replacement vehicle – Entitlement of claimant to use credit hire – Whether claimant was impecunious – Basic hire rate.
AB AND ANOTHER v TRANSFORM MEDICAL GROUP (CS) LTD AND ANOTHER
[2020] Lloyd's Rep. IR Plus 15
Insurance – Third-party rights – Defendant and insurers entering into settlement agreement for claims under policy – Defendant going into administration – Whether settlement agreement void for prejudicing rights of third-party claimants – Third Parties (Rights Against Insurers) Act 1930.
CARROLL v TAYLOR AND OTHERS
[2020] Lloyd's Rep. IR Plus 16
Insurance (motor) – Whether injuries arising out of use of motor vehicle – Claimant robbed and abandoned by taxi driver – Injured 45 minutes later – Road Traffic Act 1988, section 145 – European Communities (Rights Against Insurers) Regulations 2002.
DANBOL PTY LTD v SWISS RE INTERNATIONAL SE
[2020] Lloyd's Rep. IR Plus 17
Insurance (property) – Held covered – Insurers offering temporary cover following termination of policy – Whether offer binding on insurers – Bilateral contract – Unilateral contract.
ASPEN UNDERWRITING LTD AND OTHERS v CREDIT EUROPE BANK NV
[2020] Lloyd's Rep. IR Plus 18
Conflict of laws – Jurisdiction – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clause in policy – Whether binding on mortgagee bank – “Matters relating to insurance” – Insurance – Hull and machinery policy – Brussels Regulation Recast.
HUTCHINSON v MAPFRE ESPANA COMPANIA DE SEGUROS Y REASEGUROS SA AND ANOTHER
[2020] Lloyd's Rep. IR Plus 19
Insurance (liability) – Jurisdiction – Direct claim against liability insurer – Consumer jurisdiction against defendant marketing in consumer’s jurisdiction of domicile where the purchase had been made in the defendant’s domicile – Insurance contract clause ostensibly defining the risk but operating with the effect of a jurisdiction clause – Brussels Regulation Recast, European Parliament and Council Regulation (EU) No 1215/2012, articles 13, 15, 17, 18, 29 and 30.
PC CASE GEAR PTY LTD v INSTRAT INSURANCE BROKERS PTY LTD
[2020] Lloyd's Rep. IR Plus 20
Insurance – Broker – Copyright infringement claim against client not covered by policy – Whether broker in breach of duty – Effect of settlement with third party – Measure of damages.
MATHIESON AND ANOTHER v TOWER INSURANCE LTD
[2020] Lloyd's Rep. IR Plus 21
Insurance (property) – Measure of indemnity – Aggregation – Claimants’ property damaged in successive earthquakes – Whether claimants could recover for each earthquake.
SWASHPLATE PTY LTD v LIBERTY MUTUAL INSURANCE CO (TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS)
[2020] Lloyd's Rep. IR Plus 22
Insurance (marine) – Goods in transit – Commencement of risk – 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.
YOUNG v ROYAL AND SUN ALLIANCE INSURANCE PLC
[2020] Lloyd's Rep. IR Plus 23
Insurance – Duty of fair presentation – Waiver of disclosure – Insurance Act 2015, section 5(3)(e).
ENDURANCE CORPORATE CAPITAL LTD v SARTEX QUILTS & TEXTILES LTD
[2020] Lloyd's Rep. IR Plus 24
Insurance (property) – Measure of indemnity for damaged building – Time at which assessment of loss is to be made – Mitigation of loss – Betterment.
SARFRAZ v AKHTAR AND ANOTHER
[2020] Lloyd's Rep. IR Plus 25
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).
UK ACORN FINANCE LTD v MARKEL (UK) LTD
[2020] Lloyd's Rep. IR Plus 26
Insurance (professional indemnity) – Non-disclosure and misrepresentation – Breach of warranty – Waiver – Effect of unintentional non-disclosure clause – Third Parties (Rights Against Insurers) Act 1930.
AXA INSURANCE UK LTD v EUI LTD (T/A ELEPHANT INSURANCE)
[2020] Lloyd's Rep. IR Plus 27
Insurance (motor) – Contribution between insurers – Driver involved in accident returning from work – Meaning of “social, domestic and pleasure” purposes – Meaning of “private motor car”.
GENERALI ITALIA SPA AND OTHERS v PELAGIC FISHERIES CORPORATION AND ANOTHER
[2020] Lloyd's Rep. IR Plus 28
Insurance (marine) – Jurisdiction – Contracts providing for English law and exclusive jurisdiction – Reference in contracts to standard form wording including Italian law and jurisdiction clause – Proceedings commenced in Italy and stayed – Whether English court should determine validity of English exclusive jurisdiction clause – Whether clause binding – European Parliament and Council Regulation 1215/2012/EU, articles 25, 29, 30 and 31.
GRIFFITHS v LIBERTY SYNDICATE 4472
[2020] Lloyd's Rep. IR Plus 29
Insurance (property) – Limitation of action – Date of accrual of cause of action – Effect of policy terms – Limitation Act 1980, section 5.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN (THE “PRESTIGE”) (NO 3)
[2020] Lloyd's Rep. IR Plus 30
Arbitration – Third-party claims – Direct action against insurer – Binding effect of arbitration clause – Conditional benefit doctrine – State immunity – Application for appointment of arbitrator – Anti-suit injunctions and damages – Arbitration Act 1996, sections 18, 48 and 66 – State Immunity Act 1978, sections 3 and 9 – Senior Courts Act 1981, sections 37 and 50.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE FRENCH STATE (THE “PRESTIGE”) (NO 4)
[2020] Lloyd's Rep. IR Plus 31
Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Whether judgment claims governed by insurance jurisdiction rules – State Immunity Act 1978, sections 2, 3, 9 and 12 – Civil Procedure Rules, Practice Direction 6B – Service Regulation, European Council Regulation 1393/2007/EC – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 10 to 14.
THE FINANCIAL CONDUCT AUTHORITY v ARCH INSURANCE (UK) LTD AND OTHERS HOSPITALITY INSURANCE GROUP LTD AND ANOTHER (INTERVENING)
[2020] Lloyd's Rep. IR Plus 32
Insurance (business interruption) – Covid-19 – Notifiable disease – National lockdown – Whether business interruption policy extensions responded to loss.
SWASHPLATE PTY LTD v LIBERTY MUTUAL INSURANCE CO (TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS)
[2020] Lloyd's Rep. IR Plus 33
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.
TKC LONDON LTD v ALLIANZ INSURANCE PLC
[2020] Lloyd's Rep. IR Plus 34
Insurance (business interruption) – Meaning of “loss” – Meaning of “accident” – Inherent vice – Causation – Striking out – CPR 24.2.
HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD
[2020] Lloyd's Rep. IR Plus 35
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.