i-law

LLR: Insurance & Reinsurance Plus

RITCHIE v ADVANCED PLUMBING AND DRAINS PTY LTD AND ANOTHER

[2023] Lloyd's Rep IR Plus 1
Insurance (public liability) – Third-party claim against insurers following assured’s liquidation – Scope of insured business – Obligation to take reasonable care – Construction of welding endorsement.

THE RUGBY FOOTBALL UNION v CLARK SMITH PARTNERSHIP LTD AND ANOTHER

[2023] Lloyd's Rep IR Plus 2
Insurance (construction) – Subrogation – Agreement between employer and contractor for joint names insurance – Subrogation action against contractor – Whether contractor immune from proceedings – Effect of agreement – Subrogation waiver clause.

THE ESTATE OF ARBABBAHRAMI v MSH INTERNATIONAL (CANADA) LTD AND OTHERS

[2023] Lloyd's Rep IR Plus 3
Insurance (life and accident) – Assured killed when aircraft brought down by Iranian missiles – Policy exclusion for war, undeclared war and military or usurped power – Whether exclusions applied.

ROYAL & SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS

[2023] Lloyd’s Rep. IR Plus 4
Insurance (professional indemnity) – Arbitration – Jurisdiction – Serious irregularity – Error of law – Arbitration Act 1996, sections 33, 67, 68 and 69.

IAG NEW ZEALAND LTD v SHAW

[2023] Lloyd's Rep IR Plus 5
Insurance (property) – Motorhome taken in family dispute – Ownership of motorhome contested – Whether motorhome physically lost.

JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS

[2023] Lloyd’s Rep. IR Plus 6
Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured's failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty – Marine Insurance Act 1908 (NZ), section 34.

DC BARS LTD AND ANOTHER v QIC EUROPE LTD

[2023] Lloyd's Rep IR Plus 7
Insurance (business interruption) – Arbitration – Clause requiring arbitration of quantum disputes – Whether dispute purely about quantum – Stay of proceedings – Arbitration Act 1996, section 9.

AL MANA LIFESTYLE TRADING LLC AND OTHERS v UNITED FIDELITY INSURANCE CO PSC AND OTHERS

[2023] Lloyd's Rep. IR Plus 8
Insurance (business interruption) – Jurisdiction – Construction of jurisdiction clause – Exclusive or non-exclusive – Whether clause provided a true alternative or a fall-back.

QUADRA COMMODITIES SA v XL INSURANCE COMPANY SE AND OTHERS

[2023] Lloyd's Rep IR Plus 11
Insurance (marine) – Cargo claim – Insurable interest – Unascertained part of identified bulk – Sale of Goods Act 1979, section 20A.

F M CONWAY LTD v THE RUGBY FOOTBALL UNION AND OTHERS

[2023] Lloyd's Rep. IR Plus 12
Insurance (construction) - Composite insurance - Subrogation - Agreement between employer and contractor for joint names insurance - Subrogation action against contractor - Whether contractor immune from proceedings - Effect of agreement - Subrogation waiver clause.

ERS SYNDICATE 218 AT LLOYDS v MOTORSHIFTER LTD AND ANOTHER

[2023] Lloyd's Rep. IR Plus 13
Insurance (motor) - Policy Schedule insuring only vehicles driven under trade plates for business purposes - Policy Certificate covering all uses - Vehicle driven by assured's employee for private purposes - Whether priority to be given to Schedule over Certificate.

STONEGATE PUB CO LTD v MS AMLIN CORPORATE MEMBER LTD AND OTHERS

[2023] Lloyd's Rep. IR Plus 14
Insurance (business interruption) – Covid-19 – Triggers for coverage – Aggregation of losses by reference to “occurrence” – Causation –Whether losses after expiry of policy but within the indemnity period were caused by events in the policy period – Additional Increased Cost of Working – Subrogation and deduction of benefits received from the state.

ALLIANZ INSURANCE PLC v UNIVERSITY OF EXETER

[2023] Lloyd's Rep IR Plus 15
Insurance (property) – War risks exclusion – Unexploded bomb discovered – Controlled explosion damaged insured property – Whether exclusion applied.

RE ZURICH INSURANCE PLC

[2023] Lloyd's Rep IR Plus 16
Insurance – Transfer of insurance business – Financial Services and Markets Act 2000, sections 107, 109 and 111.

BRIAN LEIGHTON (GARAGES) LTD v ALLIANZ INSURANCE PLC

[2023] Lloyd's Rep IR Plus 18
Insurance (property) – Proximate cause – Pipe punctured by sharp object – Oil escaping and damaging premises – Policy excluded loss “caused by pollution or contamination” – Whether pollution of contamination was proximate cause of loss – Marine Insurance Act 1906, section 55.

RE PHOENIX LTD

[2023] Lloyd's Rep IR Plus 19
Insurance (transfer of insurance business) – Financial Services and Markets Act 2000, sections 107 and 111 – Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 710) – Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001 (SI 2001 No 3625).

DASSAULT AVIATION SA v MITSUI SUMITOMO INSURANCE CO LTD

[2023] Lloyd's Rep IR Plus 20
Arbitration – Jurisdiction – Non-assignment clause in sale contract – Whether clause precluded action in arbitration by subrogated insurers suing in their own name – Nature of subrogation – Distinction between voluntary and involuntary assignment – Arbitration Act 1996, section 67.

AON UK LTD v LAMIA CORPORATION SRL AND OTHERS TOKIO MARINE KILN SYNDICATES LTD AND OTHERS v BISA SEGUROS Y REASEGUROS AND OTHERS

[2023] Lloyd's Rep IR Plus 21
Reinsurance – Conflict of laws – Anti-suit injunction – Quasi-contractual claim against brokers – Whether claim under Florida law against reinsurers vexatious and oppressive.

PIZZAEXPRESS GROUP LTD AND OTHERS v LIBERTY MUTUAL INSURANCE EUROPE SE AND ANOTHER

[2023] Lloyd's Rep IR Plus 22
Insurance (business interruption) – Extensions to cover – Sub-limits – Whether aggregation clause applied to sub-limits.

BELLINI (N/E) LTD v BRIT UW LTD

[2023] Lloyd's Rep IR Plus 23
Insurance (business interruption) – Material damage – Contagious disease extension – Whether assured had to prove material damage to trigger contagious disease extension.

FONDS DE GARANTIE DES VICTIMES DES ACTES DE TERRORISME AND D’AUTRES INFRACTIONS v VICTORIA SEGUROS SA

[2023] Lloyd's Rep IR Plus 24
Insurance – Conflict of laws – Limitation of actions – Subrogation – Rome II Regulation, Regulation (EC) No 864/2007.

KESTENBERG SIEGAL LIPKUS v ROYAL & SUN ALLIANCE INSURANCE CO AND OTHERS

[2023] Lloyd's Rep IR Plus 25
Insurance (liability) – Claims made and notified policy – Whether obligation to notify the insurers of claims within the policy period was a condition precedent.

PRESTIGE FORM GROUP NSW PTY LTD v QBE EUROPEAN OPERATIONS PLC

[2023] Lloyd's Rep IR Plus 26
Insurance (contractors’ liability) – Exclusion for damage to contract works – Whether exclusion was limited to contract works owned by or in assured’s possession.

POLLADIO HOLDINGS LTD v THE NEW INDIA ASSURANCE CO LTD

[2023] Lloyd's Rep. IR Plus 30
Insurance (property) – Causation – Concurrent causes – Rust exclusion – Marring exclusion – Claims condition – Fraudulent claim.

GREGGS PLC v ZURICH INSURANCE PLC

[2023] Lloyd's Rep. IR Plus 42
Insurance (business interruption) – Covid-19 – Triggers of coverage – Aggregation – Subrogation and deduction of benefits received from the state.

MIE FORCE PTY LTD v ALLIANZ AUSTRALIA INSURANCE LTD

[2023] Lloyd's Rep. IR Plus 43
Insurance – Subrogation – Claimant providing workers for construction project – Whether claimant entitled to benefit of liability policy – Agency – Sub-contractor – Assumption of responsibility.

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