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MEDICAL ASSURANCE SOCIETY NEW ZEALAND LTD v EAST AND OTHERS
[2016] Lloyd's Rep. IR Plus 1
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".
BRIT UW LTD v F & B TRENCHLESS SOLUTIONS LTD
[2016] Lloyd's Rep. IR Plus 2
Insurance (contractors' combined liability) - Misrepresentation and non-disclosure - Materiality - Inducement - Affirmation - Sub-broker - Marine Insurance Act 1906, sections 18 and 20.
MAPFRE MUTUALIDAD COMPANIA DE SEGUROS Y REASEGUROS SA AND ANOTHER v KEEFE
[2016] Lloyd's Rep. IR Plus 3
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.
TEAL ASSURANCE CO LTD v W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER (NO 2)
[2016] Lloyd's Rep. IR Plus 4
Insurance (professional indemnity) - Date on which liability of assured established and ascertained - Effect of interim order of damages - CPR 25.7.
MCCRACKEN v SMITH AND OTHERS
[2016] Lloyd's Rep. IR Plus 5
Insurance (motor) - Passenger injured while riding on stolen and uninsured motor bike - Ex turpi causa - Contributory negligence - Costs.
EQUITY SYNDICATE MANAGEMENT LTD v GLAXOSMITHKLINE PLC AND ANOTHER
[2016] Lloyd's Rep. IR Plus 6
Insurance (motor) - Rectification - Double insurance - Contribution.
AIG EUROPE LTD v OC320301 LLP AND OTHERS
[2016] Lloyd's Rep. IR Plus 7
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".
MILTON FURNITURE LTD v BRIT INSURANCE LTD
[2016] Lloyd's Rep. IR Plus 8
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".
SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD v AVONSIDE HOLDINGS LTD
[2016] Lloyd's Rep. IR Plus 9
Insurance (building) - House totally destroyed - Measure of indemnity capped at rebuilding cost - Whether cost could include contingencies and professional fees.
TOWER INSURANCE LTD v DOMENICO TRUSTEE LTD
[2016] Lloyd's Rep. IR Plus 10
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.
ARC CAPITAL PARTNERS LTD v BRIT UW LTD AND ANOTHER
[2016] Lloyd's Rep. IR Plus 11
Insurance (professional indemnity) - Claims made policy - When "claim" made against assured - Retroactive Date clause - Continuity of Cover clause.
ERGO INSURANCE SE v IF P&C INSURANCE AS GJENSIDIGE BALTIC AAS v PZU LIETUVA UAB DK
[2016] Lloyd's Rep. IR Plus 12
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.
SOBRANY v UAB TRANSTIRA
[2016] Lloyd's Rep. IR Plus 13
Insurance (motor) - Credit hire charges - Credit hire agreements unenforceable - Charges paid by insurers - Whether two policies existed - Subrogation - Contribution.
ALLANFIELD PROPERTY INSURANCE SERVICES LTD AND OTHERS v AVIVA INSURANCE LTD AND ANOTHER
[2016] Lloyd's Rep. IR Plus 14
Insurance (broker) - Insolvency of broker - Client monies held on trust - Effect of trust - Financial Services and Markets Act 2000 - Insolvency Act 1986 - Client Assets Sourcebook - Insurance Mediation Directive, European Parliament and Council Directive 2002/92/EC.
OCEAN FINANCE & MORTGAGES LTD AND ANOTHER v OVAL INSURANCE BROKING LTD; SENIOR WRIGHT LTD AND ANOTHER (THIRD PARTIES)
[2016] Lloyd's Rep. IR Plus 15
Insurance (professional indemnity) - Duties of brokers - Failure by brokers to advise assured of need to give block notification of potential claims for mis-selling payment protection insurance policies - Allocation of responsibility between producing and placing brokers.
XL INSURANCE COMPANY SE v AXA CORPORATE SOLUTIONS ASSURANCE
[2016] Lloyd's Rep. IR Plus 16
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.
MARSHALL v MOTOR INSURERS' BUREAU AND OTHERS; PICKARD v MOTOR INSURERS' BUREAU
[2016] Lloyd's Rep. IR Plus 17
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.
JCS COST MANAGEMENT LTD AND ANOTHER v QBE INSURANCE (INTERNATIONAL) LTD
[2016] Lloyd's Rep. IR Plus 18
Insurance (professional indemnity) - Defence costs - Assured attending house viewing to secure future work as project manager - Assured not giving advice on water-tightness of house - Claim against assured dismissed - Whether assured entitled to defence costs for claim not covered by policy.
AIG EUROPE LTD v OC320301 LLP AND OTHERS THE LAW SOCIETY OF ENGLAND AND WALES (INTERVENING)
[2016] Lloyd's Rep. IR Plus 19
Insurance (professional indemnity) - Aggregation clause - Meaning of "similar acts or omissions in a series of related matters or transactions".
UK INSURANCE LTD v HOLDEN AND ANOTHER
[2016] Lloyd's Rep. IR Plus 20
Insurance (motor) - Fire to premises where vehicle was being repaired - Whether policy applied where vehicle was not on a road or in a public place - Whether vehicle being used - Whether fire was an accident.
LEGG AND OTHERS v STERTE GARAGE LTD AND ANOTHER
[2016] Lloyd's Rep. IR Plus 21
Insurance (public liability) - Defence costs - Whether order to pay claimants' costs could be made against liability insurers - Senior Courts Act 1981, section 51 - Third Parties (Rights Against Insurers) Act 1930.
MAYOR'S OFFICE FOR POLICING AND CRIME v MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD AND OTHERS
[2016] Lloyd's Rep. IR Plus 22
Insurance (property) - Rio - Whether consequential losses including loss of profit and loss of rent recoverable under Riot (Damages) Act 1886, section 2.
FRASCA-JUDD v GOLOVINA
[2016] Lloyd's Rep. IR Plus 23
Insurance (property) - Subrogation - Landlord and tenant - Policy taken out by landlord - Whether tenant in breach of terms of lease - Whether insurers had subrogation rights against tenant.
HOWE v MOTOR INSURERS' BUREAU
[2016] Lloyd's Rep. IR Plus 24
Insurance (motor) - English resident injured in France by untraced driver - Claim against Motor Insurers' Bureau - Limitation period - Estoppel - Estoppel by convention - Limitation Act 1980, section 9 - Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulation 13.
BARRIE TOEPFER EARTHMOVING AND LAND MANAGEMENT PTY LTD v CGU INSURANCE LTD AND OTHERS
[2016] Lloyd's Rep. IR Plus 25
Insurance (motor liability) - Excavator being carried on low-loader colliding with bridge - Whether the assured was reckless - Whether the assured was in breach of a reasonable care condition - Burden of proof - Construction of reasonable care condition.
OZ MINERALS HOLDINGS PTY LTD AND OTHERS v AIG AUSTRALIA LTD
[2016] Lloyd's Rep. IR Plus 26
Insurance (directors’ and officers’ liability) – Exclusion for claims by major shareholders or board representatives – Claimants were major shareholders at the time of the wrongful act but not at the time of the claim – Relevant date of qualification for purposes of the exclusion.
MASSAR v DAS NEDERLANDSE RECHTSBIJSTAND VERZEKERINGSMAATSCHAPPIJ NV
[2016] Lloyd's Rep. IR Plus 27
Insurance (legal expenses) - Right of policyholder to recover costs of independent lawyer - Meaning of "any inquiry or proceedings" - Legal Expenses Directive, Council Directive 87/344/EEC.
MUTUAL ENERGY LTD v STARR UNDERWRITING AGENTS LTD AND ANOTHER
[2016] Lloyd's Rep. IR Plus 28
Utmost good faith - Policy removing remedies unless "deliberate or fraudulent non-disclosure or misrepresentation" - Whether dishonesty required.
CAPE DISTRIBUTION LTD v CAPE INTERMEDIATE HOLDINGS
[2016] Lloyd's Rep. IR Plus 29
Insurance (employers' liability) - Effect of Sale Agreement transferring the claimant's business to the defendant - Indemnity given by defendant to claimant - Whether indemnity applied where the claimant's insurance was available - Subrogation - Whether defendant was co-insured under the policy and immune from subrogation - Whether defendant was a beneficiary of the policy and immune from subrogation - Estoppel by convention.
VERSLOOT DREDGING BV AND ANOTHER v HDI GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE "DC MERWESTONE")
[2016] Lloyd's Rep. IR Plus 30
Insurance (marine) - Fraudulent claim - Fraudulent means and devices - Whether "collateral lies" constituted a fraudulent claim.
WIGLEY-FOSTER v WILSON AND ANOTHER
[2016] Lloyd's Rep. IR Plus 31
Insurance (motor) - Claimant injured in motor accident in Greece - Failure by insurer's claims representative to give reasoned response to claim - Insurer becoming insolvent - Whether claimant had a claim against Motor Insurers' Bureau - European Parliament and Council Directive 2000/26/EC, Fourth Motor Insurance Directive - Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003.
ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE "B ATLANTIC")
[2016] Lloyd's Rep. IR Plus 32
Insurance (marine, war risks) - Vessel found to be carrying drugs and seized - Vessel a constructive total loss - Whether claim lost by reason of "infringement of any customs or trading regulations" - Institute War and Strikes Clauses Hull 1/10/83.
CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANFGARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE "MV RENOS")
[2016] Lloyd's Rep. IR Plus 33
Insurance (marine) - Vessel damaged by fire - Whether vessel a constructive total loss - Whether notice of abandonment validly served - Assessment of costs of repairs - Whether costs incurred before notice of abandonment served to be taken into account - Salvage costs - Suing and labouring - Marine Insurance Act 1906, sections 60 and 62.
BÜYÜKTIPI v ACHMEA SCHADEVERZEKERINGEN NV AND ANOTHER
[2016] Lloyd's Rep. IR Plus 34
Insurance (legal expenses) - Right of policyholder to recover costs of independent lawyer - Meaning of "any inquiry or proceedings" - Legal Expenses Directive, Council Directive 87/344/EEC
QUEK KWEE KEE v AMERICAN INTERNATIONAL ASSURANCE CO LTD
[2016] Lloyd's Rep. IR Plus 35
Insurance (personal accident) - Assured taking overdose of prescribed drugs - Meaning of "accident" - Whether intended act with unintended consequences was an "accident" - Whether test subjective or objective.
AXA CORPORATE SOLUTIONS ASSURANCE SA v WEIR SERVICES AUSTRALIA PTY LTD
[2016] Lloyd's Rep. IR Plus 36
Insurance (product liability) - Conflict of laws - Global policy governed by English law - Local policy governed by law of New South Wales - Parallel proceedings in England and Australia - Application by insurer for anti-suit relief - Application by policyholder for stay of English proceedings - Case management.
CAMPBELL v GORDON (SCOTLAND)
[2016] Lloyd's Rep. IR Plus 37
Insurance (employers' liability) - Failure by employer to have liability policy covering injury to appellant - Whether employer liable in damages for breach of statutory duty - Employers' Liability (Compulsory) Insurance Act 1969, sections 1 and 5.
R+V VERSICHERUNG AG v ROBERTSON AND CO SA
[2016] Lloyd's Rep. IR Plus 38
Reinsurance - Jurisdiction - Whether parties agreed in writing to submit disputes to the English courts - Lugano Convention 2007, article 23.
CAPE DISTRIBUTION LTD v CAPE INTERMEDIATE HOLDINGS PLC
[2016] Lloyd's Rep. IR Plus 39
Insurance (employers' liability) - Exposure to asbestos - Mesothelioma -
Co-insurance - Co-assured liable to give indemnity - Insurance not covering full period of co-assured's liability - Subrogation - Recoupment - Contribution - Civil Liability (Contribution) Act 1978, sections 1 and 7 - Limitation Act 1980, section 35 - Senior Courts Act 1981, section 51 - Civil Procedure Rules, r 17.1(2)(a).
RE COPENHAGEN REINSURANCE COMPANY (UK) LTD RE MARLON INSURANCE COMPANY LTD
[2016] Lloyd's Rep. IR Plus 40
Insurance (transfer of business) - Application for court approval of transfer - Jurisdiction of court to order transfer of guarantees -
Financial Services and Markets Act 2000, sections 111 and 112.
COMLEX LTD v ALLIANZ INSURANCE PLC [2016] CSOH 87
[2016] Lloyd's Rep. IR Plus 41
Insurance (property) - Assured took out buildings insurance on a building she was negotiating to purchase - Duty to insure the premises - Licence to use the premises - Insurable interest.
GREAT LAKES REINSURANCE (UK) SE v WESTERN TRADING LTD
[2016] Lloyd's Rep. IR Plus 42
Insurance (property) - Measure of indemnity - Reinstatement - Effect of memorandum restricting recovery of reinstatement costs unless work commenced with reasonable despatch - Whether assured entitled to a declaration.
SIMMONDS v GAMMELL
[2016] Lloyd's Rep. IR Plus 43
Reinsurance - Aggregation clause - Meaning of "any one event" - Arbitration - Error of law - Arbitration Act 1996, section 69.