i-law

LLR: Insurance & Reinsurance

ELGAMAL v WESTMINSTER CITY COUNCIL

[2023] Lloyd's Rep. IR 1
Insurance (liability) – Claim for personal injury – Exaggeration of injuries – Whether claim was fundamentally dishonest – Criminal Justice and Courts Act 2015, section 57.

NORTHBRIDGE GENERAL INSURANCE CO v AVIVA INSURANCE CO

[2023] Lloyd's Rep. IR 22
Insurance (liability) – Contribution between insurers – Effect of competing excess clauses.

QUADRA COMMODITIES SA v XL INSURANCE COMPANY SE AND OTHERS

[2023] Lloyd's Rep. IR 26
Insurance (marine) – Cargo claim – Insurable interest – Whether subject matter was lost – Measure of indemnity – Suing and labouring – Late payment – Marine Insurance Act 1906, sections 5 and 67 – Insurance Act 2015, section 13A – Sale of Goods Act 1979, sections 16, 20A and 61.

SOUTH AUSTRALIAN METROPOLITAN FIRE SERVICE v ACN 008 275 296 PTY LTD AND OTHERS

[2023] Lloyd's Rep. IR 55
Insurance (liability) – Whether policy covered claims under Fire and Emergency Services Act 2005 (South Australia) – Distinction between first- and third-party policies – Meaning of terms “damages” and “compensation”.

ALLIANZ AUSTRALIA INSURANCE LTD v RAWSON HOMES PTY LTD

[2023] Lloyd's Rep. IR 73
Insurance (property) – Policy covering building contracts – Damage to numerous buildings – Aggregation – Open cover – Meaning of “any one event”.

DOORWAY CAPITAL LTD v AMERICAN INTERNATIONAL GROUP UK LTD

[2023] Lloyd's Rep. IR 83
Insurance (liability) – Solicitors’ liability policy – Liability incurred under receivables funding agreement – Whether liability arising in course of professional practice – Exclusion for trading liabilities – Third Parties (Rights Against Insurers) Act 2010.

FIBRETECH HOLDINGS LTD v VERO INSURANCE NEW ZEALAND LTD

[2023] Lloyd's Rep. IR 93
Insurance (property) – Earthquake damage – Settlement agreement – Premiums wrongly paid after total loss – Whether settlement agreement applied to premium recovery.

GLOBAL PRIVATE INVESTMENTS RSC LTD v GLOBAL AEROSPACE UNDERWRITING MANAGERS LTD AND OTHERS

[2023] Lloyd's Rep. IR 102
Insurance (aviation) – Measure of indemnity – Whether assured entitled to recover for diminution in value after repairs – Limit of liability for replacement aircraft.

HEADFORT ARMS LTD v ZURICH INSURANCE PLC

[2023] Lloyd's Rep. IR 118
Insurance (business interruption) – Premises closed by government regulations – Policy covering business interruption if caused by damage to insured premises – Damage defined as including loss of premises – Whether temporary deprivation of use constituted loss.

PT ADIDAYA ENERGY MANDIRI v MS FIRST CAPITAL INSURANCE LTD

[2023] Lloyd's Rep. IR 143
Insurance (marine) – Constructive total loss – Breach of warranty – Breach of claims condition – Notice of abandonment – Suing and labouring costs – Marine Insurance Act 1906, sections 62 and 78 – Insurance Act 2015, sections 10 and 11.

QBE EUROPE SA/NV AND ANOTHER v GENERALI ESPANA DE SEGUROS Y REASEGUROS

[2023] Lloyd's Rep. IR 192
Arbitration – Anti-suit injunction – Foreign proceedings in breach of arbitration clause – Nature of legislation conferring right of action – Senior Courts Act 1981, section 37.

CERTAIN UNDERWRITERS AT LLOYD’S OF LONDON SUBSCRIBING TO POLICY NUMBER B1294HSGBGH152448 v DHILLON SCAFFOLDING PTY LTD

[2023] Lloyd's Rep. IR 211
Insurance (liability) – Employee injured at work – Claim against liability insurers – Whether employer in breach of reasonable care obligations.

DC BARS LTD AND ANOTHER v QIC EUROPE LTD

[2023] Lloyd's Rep. IR 225
Insurance (business interruption) – Arbitration – Clause requiring arbitration of quantum disputes – Whether dispute purely about quantum – Stay of proceedings – Arbitration Act 1996, section 9.

ROYAL & SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS

[2023] Lloyd's Rep. IR 230
Insurance (professional indemnity) – Arbitration – Jurisdiction – Serious irregularity – Error of law – Arbitration Act 1996, sections 33, 67, 68 and 69.

UK P&I CLUB NV AND ANOTHER v REPUBLICA BOLIVARIANA DE VENEZUELA (THE "RCGS RESOLUTE")

[2023] Lloyd's Rep. IR 262
Arbitration – Anti-suit injunction – Direct action against insurers by third-party state – Whether third-party state bound by arbitration clause – Whether anti-suit injunction could be granted against a state – State Immunity Act 1978, sections 1, 9 and 13 – European Convention on Human Rights, article 6.

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

[2023] Lloyd's Rep. IR 283
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.

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

[2023] Lloyd's Rep. IR 298
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.

THE RUGBY FOOTBALL UNION v CLARK SMITH PARTNERSHIP LTD AND ANOTHER

[2023] Lloyd's Rep. IR 315
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.

F M CONWAY LTD v THE RUGBY FOOTBALL UNION AND OTHERS

[2023] Lloyd's Rep. IR 336
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.

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

[2023] Lloyd's Rep. IR 359
Insurance (business interruption) – Jurisdiction – Construction of jurisdiction clause – Exclusive or non-exclusive – Whether clause provided a true alternative or a fall-back.

ALLIANZ INSURANCE PLC v UNIVERSITY OF EXETER

[2023] Lloyd's Rep. IR 370
Insurance (property) – War risks exclusion – Unexploded bomb discovered – Controlled explosion damaged insured property – Whether exclusion applied.

BRIAN LEIGHTON (GARAGES) LTD v ALLIANZ INSURANCE PLC

[2023] Lloyd's Rep. IR 380
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.

ERS SYNDICATE 218 AT LLOYD'S v MOTORSHIFTER LTD AND ANOTHER

[2023] Lloyd's Rep. IR 393
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.

IAG NEW ZEALAND LTD v SHAW

[2023] Lloyd's Rep. IR 405
Insurance (property) – Motorhome taken in family dispute – Ownership of motorhome contested – Whether motorhome physically lost.

RITCHIE v ADVANCED PLUMBING AND DRAINS PTY LTD AND ANOTHER

[2023] Lloyd's Rep. IR 413
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.

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