Insurance (motor) - Tort - Ex turpi causa - Claimant injured while being carried as passenger in defendant's vehicle - Both claimant and defendant in possession of cannabis - Whether claimant's tort action barred by ex turpi causa defence - Whether Motor Insurers' Bureau liable - MIB Uninsured Drivers Agreement 1999, clause 6.
Insurance broker - Commission - Broker not disclosing amount of commission to assured - Whether broker in breach of fiduciary duty - Whether assured had the right to avoid the policy - Prevention of Bribery Ordinance (Cap 201).
Insurance (property) â Landlord and tenant â Whether tenant bound to pay premium to landlord â Whether obligation to pay depended upon payment by landlord â Whether landlord failed to note interest of tenant on policy â Loss of subrogation rights.
Insurance (property - Measure of indemnity - Assured suffering four losses during currency of policy - Whether unrepaired partial losses merged into total loss - Whether reinstatement frustrated by later events - Marine Insurance Act 1908, section 77.
Insurance (motor)- Vehicle unlawfully taken - Action by passenger - Whether passenger knew that vehicle was unlawfully taken - Road Traffic Act 1988, section 151 - Second Motor Insurance Directive, Council Directive 84/5/EEC.
Reinsurance (excess of loss) – Conflict of laws – Claim against the reinsured in the Philippines under policy governed by local law – Excess of loss reinsurance agreement governed by English law and subject to English jurisdiction – Claim by reinsurers for negative declaratory relief – Whether action should be stayed – Senior Courts Act 1981, section 43(3) – CPR 3.1(2)(f).
Insurance (motor) – Insured person injured as passenger in his own vehicle while being driven by uninsured person – Whether insurers entitled to recover sums paid to the passenger from the passenger himself – Consolidated Motor Insurance Directive 2009, European Parliament and Council Directive 2009/103/EC – Road Traffic Act 1988, section 151(8).
Insurance (liability) – Fraudulent claim against assured – Whether claim could be struck out after judgment given – Interest – Costs – Contempt of court – CPR 3.4(2) and 32.14(1) – Inherent jurisdiction.
Insurance (motor) – Vehicle used to carry out sexual assaults – Whether motor insurers were liable – Whether claims arose out of use of vehicle on road – Whether policy covered claims – “Accident” – Social, domestic or pleasure purposes – Primary purpose – Road Traffic Act 1988, sections 145 and 151.
Insurance (regulation) – Repair and replacement of defective or damaged equipment – Whether amounting to insurance business for miscellaneous financial loss – Winding up of unauthorised insurer – Financial Services and Markets Act 2000, sections 19 and 367 – Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544, article 10, class 16.
Insurance (fire) – Composite policy – Deliberate destruction by one co-assured – Non-disclosure of previous fraudulent claims – Effect of fraud and non-disclosure by one co-assured – Subrogation – Condition precedent relating to claims – Effect of breach – Whether breach excused by Unfair Terms in Consumer Contracts Regulations 1999 – Effect of ICOBS 8.
Reinsurance – Liability insurance – Bermuda Form – Whether New York law relevant – Liability of assured to policyholder for defence costs and settlement – Whether reinsured had to prove liability of assured as a matter of law – Whether reinsured liable for defence costs where claim itself not covered by policy.
Insurance (after the event) – Respondent successful at trial – Appellant appealed – Respondent took out ATE policy just before appeal hearing – Appeal dismissed – Whether ATE premium representing risk of trial judge's costs award being overturned awardable by way of costs by Court of Appeal – Access to Justice Act 1999, section 29.
Insurance (motor) – Damage caused by allegedly deliberate act – Whether motor insurer liable to indemnify victim – Road Traffic Act 1988, sections 145, 148 and 151 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.
Insurance (legal expenses, before the event cover) – Insurers appointing panel solicitors at fixed rates – Whether assured required to use panel solicitors – Whether assured permitted to use other solicitors at higher rates – Effect of policy term bringing cover to an end on change of solicitors – Legal Expenses Insurance Directive, Council Directive 87/344/EEC – Insurance Companies (Legal Expenses Insurance) Regulations 1990.
Insurance (professional indemnity) – Mitigation Costs – Assured establishing Fund and inviting claims by customers – Whether costs of establishing fund constituted Mitigation Costs – Whether mixed motive of assured in establishing fund justified apportionment.
Financial Ombudsman Service – Award made up to statutory maximum – Ombudsman recommending payment above statutory maximum – Whether applicant able to sue for amount recommended – Doctrine of merger – Financial Services and Markets Act 2000, part XVI.
Insurance (motor) – Injury to passenger – Portuguese law restricting liability where passenger at fault – Whether rule consistent with EU law – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.
Insurance (property) – Utmost good faith – Materiality and inducement – Failure to disclose building and business activities on adjoining buildings – False statements about previous claims – ICOB – Financial Services and Markets Act 2000, section 150.
Insurance (motor) – Duty of care – Ex turpi causa – Claimant injured while leaving scene of a theft in a van driven by the defendant – Whether claimant could recover from defendant for negligent driving.
Insurance (liability) – Claims made policy – Notification of circumstances – Whether notification valid without identifying claimants and transactions – Declaratory relief in advance of claims being made against the assured.
Insurance (marine) – Time policy – Institute Time Clauses Hulls 1983 – Institute Additional Perils Clauses – Perils of the seas – Inchmaree clause – Negligence of crew and repairers – Due diligence – Whether vessel unseaworthy – Measure of indemnity – Fraudulent claim – Fraudulent means and devices – Marine Insurance Act 1906, sections 39(5), 55 and 69.
Insurance (property) – Insurers appointing contractors to repair insured premises – Sub-contractors appointed – Insurers paying contractors – Sub-contractors unpaid – Whether sub-contractors had a claim for payment against assureds – Unfair Terms in Consumer Contracts Regulations 1999 – Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008.
Reinsurance – Marine policy – Warranty in reinsurance against leaving port or adopting intended route where a typhoon or storm warning was in force – Construction of warranty – Whether warranty broken.