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LLR: Insurance & Reinsurance RSS feed

AXA VERSICHERUNG AG v ARAB INSURANCE GROUP (BSC)

Reinsurance (energy construction risks) – Facultative/obligatory first loss treaty – Non-disclosure – Misrepresentation – Materiality of loss statistics – Inducement – Waiver – Effect of layered construction risks.

[2016] Lloyd's Rep. IR 1

CAMPBELL v PETER GORDON JOINERS LTD AND ANOTHER

Insurance (employers’ liability) – Failure by employer to insure – Whether director liable for breach of statutory duty – Employers’ Liability (Compulsory Insurance) Act 1969.

[2016] Lloyd's Rep. IR 35

HARLEQUIN PROPERTY (SVG) LTD AND ANOTHER v WILKINS KENNEDY

Insurance (after the event) – Application by defendant for security for costs – Claimants insured under ATE policy – Whether ATE policy provided sufficient security for the defendant's costs – CPR Part 25 – Third Parties (Rights Against Insurers) Act 1930.

[2016] Lloyd's Rep. IR 53

VAN HOVE v CNP ASSURANCES SA

Insurance (payment protection) – Definition of total incapacity – Whether term defined main subject matter of contract – Whether term in plain, intelligible language – Unfair Terms in Consumer Contracts Directive, Council Directive 93/13/EEC.

[2016] Lloyd's Rep. IR 061

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 69

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 94

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 118

PA(GI) LTD v GICL 2013 LTD AND ANOTHER

Insurance (payment protection) – Transfer of business – Whether statutory transfer carried liabilities for mis-selling claims – Financial Services and Markets Act 2000, Part VII.

[2016] Lloyd's Rep. IR 125

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 147

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 171

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 192

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 266

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 277