i-law.com

NOBLE ASSURANCE CO v GERLING-KONZERN GENERAL INSURANCE CO

[2008] Lloyd's Rep IR 1

Reinsurance - Arbitration - Insurance policy covering assured and subsidiaries - Loss suffered by subsidiary - Assured issuing insurance certificate policy after loss - Dispute as to coverage referred to arbitration - Arbitrators ruling that subsidiary covered under terms of policy and under terms of certificate policy - Reinsurers bringing action in Vermont based on validity of certificate policy - Whether reinsurers estopped from raising issue - Whether anti-suit injunction or declaration should be granted.

AEGIS ELECTRICAL AND GAS INTERNATIONAL SERVICES LTD v CONTINENTAL CASUALTY CO

[2008] Lloyd's Rep IR 17

Reinsurance - Full reinsurance clause - Definition of risk in reinsurance - Whether definition overriding incorporation of direct policy wording - Follow the settlements - Whether clause unconditional - Whether reinsurers bound to accept settlement by reinsured as conclusive of coverage under reinsurance - Meaning of “explosion”.

TAPPOO HOLDINGS LTD v STUCHBERY

[2008] Lloyd's Rep IR 34

Insurance (material damage) - Fijian Parliament seized and Government members taken hostage - Law and order breaking down - Assured’s premises damaged by rioters and looters in Suva - All risks policy excluding liability for loss directly or indirectly caused by insurrection - Whether events amounted to insurrection - Causation - Effect of Insurance Law Reform Act 1996, section 25 (Fiji).

KOSMAR VILLA HOLIDAYS PLC v TRUSTEES OF SYNDICATE 1243

[2008] Lloyd's Rep IR 43

Insurance (liability) - Policy containing condition precedent requiring immediate notification of occurrence of injury or damage - Notice of injury not given for over a year after occurrence - Whether insurers had waived breach by reason of pre-contractual or post-loss conduct - Whether waiver by election of condition precedent possible - Whether insurers estopped from denying liability.

BYRNE v MOTOR INSURERS BUREAU AND ANOTHER

[2008] Lloyd's Rep IR 61

Insurance (motor) - Motor Insurers Bureau Untraced Drivers Agreement - Victim injured aged three - MIB Agreement containing three-year time bar - Action not brought for thirteen years - Whether three-year time bar consistent with Second Motor Insurance Directive - Whether Agreement to be construed to comply with Directive - Whether Directive enforceable against MIB - Whether UK Government liable in damages - Council Directive 84/5/EEC.

ENCIA REMEDIATIONS LTD v CANOPIUS MANAGING AGENTS LTD

[2008] Lloyd's Rep IR 79

Insurance (professional indemnity) - Policy covering professional indemnity risks but excluding supply and construction risks - Assured entering into design and build contract - Whether policy covered professional liability arising under that contract - Principles of construction.

PHILLIPS & CO v WHATLEY

[2008] Lloyd's Rep IR 111

Insurance (employers’ liability) - Employee injured in accident at work - Employee’s lawyers failed to bring action against the employers within the limitation period - Measure of damages against lawyers - Prospects of employee recovering damages from employers - Prospects of employers successfully recovering from their liability insurers.

AXA INSURANCE UK PLC v NORWICH UNION INSURANCE LTD

[2008] Lloyd's Rep IR 122

Insurance (motor) - Employee injured while working on elevated platform on vehicle belonging to employer - Employer insured against third party motor liability and against employers’ liability - Whether risk covered by motor or employers’ policy - Road Traffic Act 1988, section 145 - Employers’ Liability (Compulsory Insurance) Act 1969 - EC Third Motor Insurance Directive, Council Directive 90/232/EEC.

POOLE v HM TREASURY

[2008] Lloyd's Rep IR 134

Insurance - Lloyd’s - Action by Lloyd’s Names against Treasury for failing to implement EC Insurance Directives - Whether Directives conferring individual rights - Council Directive 73/239/EEC.

OUTOKUMPU STAINLESS LTD v AXA GLOBAL RISKS (UK) LTD AND OTHERS

[2008] Lloyd's Rep IR 147

Insurance (property) - Steelworks insured against loss of or damage to property - Exclusion for loss arising from radiation - Radioactive Contamination cover extending cover to damage due to contamination - Assured incurring additional costs in disposing of contaminated slag - Whether costs covered by Radioactive Contamination clause.

THE BOARD OF TRUSTEES OF THE TATE GALLERY v DUFFY CONSTRUCTION LTD (NO 2)

[2008] Lloyd's Rep IR 159

Insurance (property) - Subrogation - Co-insurance - Owners and contractors co-insured under policy providing cover against flood - Works flooded due to alleged negligence of contractors - Policy containing reasonable care clause - Whether contractors in breach of reasonable care clause - Whether insurers entitled to exercise subrogation rights.

UNITED INSURANCE CO OF LIBYA v AON LTD

[2008] Lloyd's Rep IR 166

Reinsurance (broker) - Reinsurance of fronting company - Whether broker misstated to fronting company the level of commission to be earned on placing reinsurance - Whether broker contractually bound to fronting company not to tender for business using another fronting company.

GOVERNOR AND COMPANY OF THE BANK OF SCOTLAND v EUCLIDIAN (NO 1) LTD

[2008] Lloyd's Rep IR 182

Insurance (after the event) - Bank lending money to claimants to fund premium for ATE insurance - Binding authority issued by underwriters to operator of scheme for issue of certificates of insurance to claimants - Policies assigned to bank - Whether bank entitled to recover from ATE insurers where underwriters not liable to indemnify claimants - Whether clause a “security” - Whether cancellation of loan agreements “affected” the insurance - Consumer Credit Act 1974, section 113.

BUNNEY v BURNS ANDERSON PLC AND ANOTHER CAHILL v TIMOTHY JAMES & PARTNERS LTD

[2008] Lloyd's Rep IR 198

Financial Ombudsman Service - Order by FOS that defendant pay £228,055 to the applicant for loss caused by unsuitable advice - Whether court had jurisdiction to hear a challenge to the award other than by judicial review - Whether FOS had jurisdiction to award more than £100,000 - Financial Services and Markets Act 2000.

EUROP ASSISTANCE INSURANCE LTD v TEMPLE LEGAL PROTECTION LTD

[2008] Lloyd's Rep IR 216

Insurance (after the event) - Agency - Defendant authorised to conduct run-off on behalf of claimant - Claimant terminating agency alleging breach of contract and breach of duty - Whether claimant entitled to temporary injunction restraining defendant from conducting run-off.

BEE v JENSON (NO 2)

[2008] Lloyd's Rep IR 221

Insurance (motor) - Subrogation - Assured’s vehicle damaged by third party - Assured’s insurers paying for cost of hiring replacement vehicle - Insurers seeking to recover sum paid from third party - Whether amount recoverable to be reduced by benefits received by insurers.

HLB KIDSONS v LLOYD’S UNDERWRITERS SUBSCRIBING TO POLICY 621/PKID00101 & OTHERS

[2008] Lloyd's Rep IR 237

Insurance (professional indemnity) - Policies requiring assured to give notice in writing as soon as practicable of any circumstances of which it became aware - Claims made against assured outside policy period - Whether assured became aware of circumstances - Whether valid notification given to insurers - Whether clause constituted a condition precedent to the insurers’ liability.

TESCO STORES LTD v CONSTABLE AND OTHERS

[2008] Lloyd's Rep IR 302

Insurance (public liability) - Assured agreed to indemnify train operator against costs and losses arising from performance of construction contract - Assured taking out public liability policy against liability at law - Whether policy covering contract claims by train operator for loss of future business.

GENERAL MOTORS CORPORATION v ROYAL & SUN ALLIANCE INSURANCE PLC AND ANOTHER [2007] EWHC 2206 (Comm)

[2008] Lloyd's Rep IR 311

Insurance (liability) - Conflict of laws - Assured commencing proceedings against insurers in Michigan - Assured then commencing proceedings against insurers in England - Consent order made in England whereby parties agreed not to challenge jurisdiction of the English court - Whether order amounted to exclusive jurisdiction agreement - Whether anti-suit injunction should be granted.

SOCIETY OF LLOYD’S v HENDERSON [2007] EWCA Civ 930

[2008] Lloyd's Rep IR 317

Lloyd’s - Action against Names for Equitas premiums - Application by Names to amend pleadings to add claim for misfeasance in public office - Whether Lloyd’s a public officer - Whether bad faith proved - Whether claim time-barred - Whether claim abuse of process - Whether new evidence should be admitted in the Court of Appeal.

LIMIT NO 2 LTD v AXA VERSICHERUNG AG [2007] EWHC 2321 (Comm)

[2008] Lloyd's Rep IR 330

Reinsurance - Treaty - Misrepresentation and non-disclosure - Reinsurance of construction risks - Reinsurers told that reinsured’s policy was normally to write risks with a deductible of at least £500,000 - Whether material misstatement - Whether material to risk - Whether Treaty and Endorsement could be avoided.

FBTO SCHADEVERZEKERINGEN NV v ODENBREIT Case C-463/06

[2008] Lloyd's Rep IR 354

Insurance (motor) - Conflict of laws - Direct action by injured party against insurers - Council Regulation 44/2001, articles 9 and 11.

PATEL v WINDSOR LIFE ASSURANCE CO LTD [2008] EWHC 76 (Comm)

[2008] Lloyd's Rep IR 359

Insurance (life) - Policy taken out by named assured - Policy subsequently assigned to claimant - Utmost good faith - Whether assured guilty of misrepresentation - Whether sufficient evidence of death of assured - Fraud.

SEELE AUSTRIA GMBH & CO v TOKIO MARINE EUROPE INSURANCE LTD [2007] EWHC 1411 (Comm)

[2008] Lloyd's Rep IR 372

Insurance - Product liability - Insurance against damage caused by defects in property - Exclusion for damage deliberately inflicted to remedy a defect - Windows defective and leaked - Whether property damaged - Whether cost of removing cladding to repair windows recoverable under policy.

COLONIAL FIRE AND GENERAL INSURANCE CO LTD v HARRY [2006] UKPC 53

[2008] Lloyd's Rep IR 382

Insurance (motor) - Trinidad and Tobago - Claimant bringing personal injury action against owner, driver and insurers of motor vehicle - Insurers commencing action to avoid policy - Whether claimant given notice of insurers’ action - Whether insurers required to join driver to action - Motor Vehicles Insurance (Third Party Risks) Act.

HARCOURT v F E F GRIFFIN [2007] EWHC 1500 (QB)

[2008] Lloyd's Rep IR 386

Insurance (liability) - Procedure - Claimant injured on defendant’s premises - Claimant obtaining consent order on liability and pursuing claim on quantum - Application by claimant for disclosure of defendant’s liability insurance details - Whether order should be made - Civil Procedure Rules, Part 18.

KAJIMA UK ENGINEERING LTD v THE UNDERWRITER INSURANCE CO LTD

[2008] Lloyd's Rep IR 391

Insurance (professional indemnity) - Claims made - Assured entitled to notify circumstances which might reasonably be expected to produce a claim - Notification made - Scope of notification - Whether later claims falling within notified circumstances.

KOREA NATIONAL INSURANCE CORPORATION v ALLIANZ GLOBAL CORPORATE & SPECIALITY AG6

[2008] Lloyd's Rep IR 413

Reinsurance - Direct liability policy against loss arising out of use of aircraft - Helicopter crashing and assured incurring liability - Losses paid by insurers - Judgment obtained by insurers against reinsurers - Action for enforcement - Whether reinsurers entitled to defend enforcement proceedings on basis that the parties had entered into a settlement agreement.

INSURANCEWIDE.COM SERVICES LTD v COMMISSIONERS FOR HER MAJESTY’S REVENUE & CUSTOMS

[2008] Lloyd's Rep IR 422

Insurance (intermediary) - Price comparison website for domestic insurance - Liability of operator of site for VAT - Whether operator of site exempt as insurance broker or insurance agent carrying on any of the services of an insurance intermediary - Value Added Tax Act 1994, schedule 9.

LAW SOCIETY OF ENGLAND AND WALES AND OTHERS v SHAH AND OTHERS IN RE AZIZ, GRAZIANI AND BARDA LAW SOCIETY OF ENGLAND AND WALES v EARP AND ANOTHER

[2008] Lloyd's Rep IR 442

Insurance (liability) - Assured becoming bankrupt - Assured discharged from bankruptcy - Whether admission of claim in bankruptcy enough to attract operation of Third Parties (Rights Against Insurers) Act 1930 - Effect of discharge from bankruptcy - Insolvency Act 1986, section 281.

AIG EUROPE (IRELAND) LTD v FARADAY CAPITAL LTD

[2008] Lloyd's Rep IR 454

Reinsurance - Claims cooperation clause - Reinsured required to notify losses within 30 days or as soon as reasonably practicable - Claims made against assured by third parties - Settlement reached with assured - Date of loss - Whether reinsured in breach of clause.

ANDERS & KERN UK LTD v CGU INSURANCE PLC

[2008] Lloyd's Rep IR 460

Insurance (theft) - Policy clause requiring assured to maintain intruder alarm when premises were unoccupied unless there was violence or a threat of violence - Whether reasonable belief of threat of violence sufficed - Whether term to be implied to allow premises to be unoccupied in the event of threat of violence - Whether insurers under duty to consider retroactively a request to give consent to premises being left unoccupied and unalarmed.

COROMIN LTD v AXA RE AND OTHERS

[2008] Lloyd's Rep IR 467

Reinsurance - Business interruption - Policy excluding loss caused to defective plant - Electrical or Mechanical Breakdown Extension bringing loss caused to defective plant within scope of cover - Whether condition for “official acceptance” of plant satisfied - Whether business interruption cover extended to plant not in existence during currency of policy but affected during indemnity period.

KOSMAR VILLA HOLIDAYS PLC v TRUSTEES OF SYNDICATE 1243

[2008] Lloyd's Rep IR 489

Insurance (liability) - Policy containing condition precedent requiring immediate notification of occurrence of injury or damage - Notice of injury not given for over a year after occurrence - Whether insurers had waived by breach - Whether waiver by election of condition precedent possible - Whether insurers estopped from denying liability.

WASA INTERNATIONAL INSURANCE CO AND ANOTHER v LEXINGTON INSURANCE CO

[2008] Lloyd's Rep IR 510

Reinsurance - Reinsured providing property cover for three-year period to assured - Proportional reinsurance written as original and follow the settlements, but covering property damage occurring during currency of the reinsurance - US court holding reinsured liable for property damage dating back 50 years before inception of cover - Reinsured settling - Whether reinsurers bound by settlement - Whether deductible clause in reinsurance applied per occurrence.

COMMISSION OF THE EUROPEAN COMMUNITIES v IRELAND Case C-211/07

[2008] Lloyd's Rep IR 526

Insurance (motor) - Rights of passengers injured while travelling in uninsured vehicles - Whether Irish Motor Insurance Bureau Agreement compatible with EU law - Council Directive 84/5/EEC, article 1(4).

C A BLACKWELL (CONTRACTORS) LTD v GERLING ALLEGEMEINE VERSICHERUNGS AG

[2008] Lloyd's Rep IR 529

Insurance (construction) - Road damaged by bad weather - Whether assured had “all risks” policy - Whether loss fortuitous even though bad weather was foreseeable - Whether assured guilty of wilful misconduct - Whether property subject to defects within meaning of exclusion.

PALMER v PALMER AND OTHERS

[2008] Lloyd's Rep IR 535

Insurance (liability) - Claim brought against assured for negligence - Assured insolvent - Liability insurers defending claim - Whether insurers should be personally liable for claimant’s costs - Supreme Court Act 1981, section 51.

ZELLER v BRITISH CAYMANIAN INSURANCE CO LTD

[2008] Lloyd's Rep IR 545

Insurance (health) - Group life policy - Non-disclosure - Breach of warranty - Assured not disclosing heart condition - Whether assured making disclosure to best of knowledge and belief.

STANDARD LIFE ASSURANCE LTD v OAK DEDICATED LTD AND OTHERS

[2008] Lloyd's Rep IR 552

Insurance (liability) - Aggregation - Mis-selling of endowment policies - Whether policy providing for per claimant deductible or aggregate deductible - Whether brokers liable for breach of duty - Causation - Contributory negligence - Limitation - Effect of transfer of insurance business by demutualisation - Financial Services and Markets Act 2000, section 112.

ANSARI v NEW INDIA ASSURANCE LTD

[2008] Lloyd's Rep IR 586

Insurance - Buildings - Insurance against fire - Policy term removing cover in the event of any material alteration to buildings or to facts stated in proposal form - Non-invalidation clause permitting recovery if assured unaware of alteration - Sprinkler system not operative and tenant changing use of buildings - Whether breach of policy term - Whether assured could rely on non-invalidation clause.

BRIT SYNDICATES LTD AND OTHERS v ITALAUDIT SPA AND OTHERS

[2008] Lloyd's Rep IR 601

Insurance (professional indemnity) - Composite policy - Umbrella organisation insuring itself and its members against professional liability - Policy covering umbrella organisation where facing liability for claims made against insured members - Policy avoided against member - Whether umbrella organisation nevertheless entitled to indemnity for claims against member.

PRATT v AIGAION INSURANCE CO SA

[2008] Lloyd's Rep IR 610

Insurance (marine) - Time policy on fishing trawler - Warranty requiring skipper and crew member to be on board at all times - Vessel catching fire with no crew on board - Whether breach of warranty.

TYCO FIRE & INTEGRATED SOLUTIONS (UK) LTD v ROLLS-ROYCE MOTOR CARS LTD

[2008] Lloyd's Rep IR 617

Construction - Contract requiring contractor to indemnify employer against risk of loss to works and existing structures - Joint names insurance clause stating that employer would take out joint names insurance against specified risks - Whether insurance provision excluded liability of contractor for loss caused by his negligence.

TESCO STORES LTD v CONSTABLE AND OTHERS

[2008] Lloyd's Rep IR 636

Insurance (public liability) - Assured agreed to indemnify train operator against costs and losses arising from performance of construction contract - Assured taking out public liability policy against liability at law - Whether policy covering contract claims by train operator for loss of future business.

TEMPLE LEGAL PROTECTION LTD v QBE INSURANCE (EUROPE) LTD

[2008] Lloyd's Rep IR 643

Insurance (after the event) - Binding authority - Underwriting agent authorised to write ATE insurance for insurers - Underwriting agent entering into Coverholder Agreements with solicitors empowering them to issue insurance to clients - Binder terminated for alleged breach - Whether underwriting agent authorised to carry on run-off business after termination.

DUNLOP HEYWARDS (DHL) LTD v ERINACEOUS INSURANCE SERVICES LTD

[2008] Lloyd's Rep IR 676

Insurance (professional indemnity) - Instructions to renew given by producing brokers to placing brokers - Policy confining cover to commercial property management - Claim by assured against producing brokers - Whether insurers should be joined to proceedings - Whether policy should be rectified - Claim by producing brokers against placing brokers - Whether claim for indemnity or contribution should be struck out.

WEST LONDON PIPELINE AND STORAGE LTD AND ANOTHER v TOTAL UK LTD AND OTHERS TAV ENGINEERING LTD (THIRD PARTY) MOTHERWELL CONTROL SYSTEMS 2003 LTD (FOURTH PARTY)

[2008] Lloyd's Rep IR 688

Insurance (liability) - Application for disclosure of insurance details against third party - Whether insurance relevant to apportionment - Civil Liability (Contribution) Act 1978 - Whether court possessed jurisdiction to order disclosure - CPR Parts 18 and 31.

REILLY v NATIONAL INSURANCE AND GUARANTEE CORPORATION LTD

[2008] Lloyd's Rep IR 695

Insurance - Products liability - Failure of fire extinguishing system to put out a fire - Exclusion in policy for failure of machinery - Whether system was “machinery” - Whether policy covered failure of any machinery or just machinery relating to fire and intruder alarms.

BYRNE v MOTOR INSURERS’ BUREAU AND ANOTHER

[2008] Lloyd's Rep IR 705

Insurance (motor) - Motor Insurers’ Bureau Untraced Drivers Agreement - Victim injured aged three - MIB agreement containing three-year time bar - Action not brought for 13 years - Whether three-year time bar consistent with Second Motor Insurance Directive - Whether agreement to be construed to comply with Directive - Whether Directive enforceable against MIB - Whether UK government liable in damages - Council Directive 84/5/EEC.

SCOTTISH COAL CO LTD AND OTHERS v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS

[2008] Lloyd's Rep IR 718

Insurance (property and business interruption) - Loss in coal mine caused by collapse of roof - Effect of notice of cancellation at anniversary date (NCAD) clause - Whether assured disclosed change of working methods - Whether insurers had established materiality and inducement - Whether insurers had waived the right to avoid - Effect of increase of risk, reasonable care and inspection clauses.

SEELE AUSTRIA GMBH & CO KG v TOKIO MARINE EUROPE INSURANCE LTD

[2008] Lloyd's Rep IR 739

Insurance - Contractors’ All Risks policy - Insurance against damage caused by defects in property - Exclusion for damage deliberately inflicted to remedy a defect - Windows defective and leaked - Whether property damaged - Whether cost of removing cladding to repair windows recoverable under policy - Meaning of deductible.

MCGRATH v RIDDELL

[2008] Lloyd's Rep IR 756

Insolvency - Conflict of laws - Jurisdiction - Cross-border insolvency - Choice of law - Foreign insurance company in insolvent liquidation in Australia and auxiliary liquidation in the UK - Australian liquidators requested the transfer of UK assets to Australia to be distributed in accordance with Australian insolvency law - Whether court had power to direct the remission of the UK assets to Australia - Whether such power based on inherent common law jurisdiction or statute - Whether that power should be exercised in the present case - Whether to permit application of Australian insolvency regime to assets - Insolvency Act 1986, section 426(4) and (5).

LLR: Insurance & Reinsurance