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LLR: Insurance & Reinsurance Plus RSS feed

MEDICAL ASSURANCE SOCIETY NEW ZEALAND LTD v EAST AND OTHERS

Insurance (building) – Whether obligation of insurers to “cover the cost” of reinstatement required the assured to incur liability to pay for such costs as a condition of recovery – Measure of indemnity – Meaning of “as new”.

[2016] Lloyd's Rep. IR Plus 1

BRIT UW LTD v F & B TRENCHLESS SOLUTIONS LTD

Insurance (contractors’ combined liability) – Misrepresentation and non-disclosure – Materiality – Inducement – Affirmation – Sub-broker – Marine Insurance Act 1906, sections 18 and 20.

[2016] Lloyd's Rep. IR Plus 2

MAPFRE MUTUALIDAD COMPANIA DE SEGUROS Y REASEGUROS SA AND ANOTHER v KEEFE

Insurance (liability) – Conflict of laws – Jurisdiction – Victim injured in Spain – Claim against insurers in England – Whether the tortfeasor could be joined to English proceedings against the insurers – Matters relating to insurance – Council Regulation 44/2001/EC, article 11.

[2016] Lloyd's Rep. IR Plus 3

MCCRACKEN v SMITH AND OTHERS

Insurance (motor) – Passenger injured while riding on stolen and uninsured motor bike – Ex turpi causa – Contributory negligence – Costs.

[2016] Lloyd's Rep. IR Plus 5

AIG EUROPE LTD v OC320301 LLP AND OTHERS

Insurance (professional indemnity) – Aggregation of claims for purposes of policy limits – Meaning of “similar acts or omissions” – Meaning of “series of related matters or transactions”.

[2016] Lloyd's Rep. IR Plus 7

MILTON FURNITURE LTD v BRIT INSURANCE LTD

Insurance (stock in trade and business interruption) – Two conditions as to maintenance of burglar alarm – Interrelationship of the two conditions – Whether assured in breach by failing to pay charges to alarm monitoring service – Whether premises “left unattended”.

[2016] Lloyd's Rep. IR Plus 8

TOWER INSURANCE LTD v DOMENICO TRUSTEE LTD

Insurance (buildings) – Insurers having right to elect to rebuild or pay indemnity value – Whether election had been made – Consequences of failure to elect within a reasonable time – Whether court permitted to exercise election for the insurers.

[2016] Lloyd's Rep. IR Plus 10

ERGO INSURANCE SE v IF P&C INSURANCE AS GJENSIDIGE BALTIC AAS v PZU LIETUVA UAB DK

Insurance (motor) – Applicable law – Two assureds liable for same loss – Allocation of liability – Right of subrogation of paying insurer –Regulation on the Law Applicable to Contractual Obligations, European Parliament and Council Regulation 593/2008 (Rome I) –Regulation on the Law Applicable to Non-Contractual Obligations, European Parliament and Council Regulation 864/2007 (Rome II) – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

[2016] Lloyd's Rep. IR Plus 12

SOBRANY v UAB TRANSTIRA

Insurance (motor) – Credit hire charges – Credit hire agreements unenforceable – Charges paid by insurers – Whether two policies existed – Subrogation – Contribution.

[2016] Lloyd's Rep. IR Plus 13

XL INSURANCE COMPANY SE v AXA CORPORATE SOLUTIONS ASSURANCE

Insurance (liability) – Conflict of laws – Jurisdiction of the English courts – Claim for contribution – Whether claim a was a matter relating to a contract – Whether the claim was a matter relating to a tort – Brussels Regulation Recast, articles 4 and 7.

[2016] Lloyd's Rep. IR Plus 16

MARSHALL v MOTOR INSURERS’ BUREAU AND OTHERS PICKARD v MOTOR INSURERS’ BUREAU

Insurance (motor) – Accident occurring in France – Law applicable to the tort – Measure of damages – Whether claim could be brought against the Motor Insurers’ Bureau where there was insurance in force – Rome II Regulation, articles 4 and 13 – Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulation 13.

[2016] Lloyd's Rep. IR Plus 17