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LLR: Insurance & Reinsurance
AUTHOR: Ian Hunter QC, Professor Robert Merkin
ISBN: 1461-8524
LLR: Insurance & Reinsurance
Author: Ian Hunter QC, Professor Robert Merkin
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Browse 2013 Archive by Volume
Reports for Volume 1, 2013
ACE EUROPEAN LTD AND OTHERS v HOWDEN GROUP LTD AND ANOTHER
Insurance (liability) - Conflict of laws - Jurisdiction - Negative declaratory relief - Applicable law - Whether England most appropriate forum for hearing of claim - CPR PD 6B, para 3.1(6).
[2013] Lloyd's Rep. IR 1
COLES AND OTHERS v HETHERTON AND OTHERS
Insurance (motor) - Damaged vehicle - Measure of damages - Subrogation - Significance of insurer's conduct in arranging repairs.
[2013] Lloyd's Rep. IR 9
DELANEY v PICKETT AND ANOTHER
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.
[2013] Lloyd's Rep. IR 24
HOBBINS v ROYAL SKANDIA LIFE ASSURANCE LTD
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).
[2013] Lloyd's Rep. IR 42
QUIRKCO INVESTMENTS LTD v ASPRAY TRANSPORT LTD
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.
[2013] 1 Lloyd's Rep. IR 55
RIDGECREST NZ LTD v IAG NEW ZEALAND LTD
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.
[2013] Lloyd's Rep. IR 67
STYCH v DIBBLE AND ANOTHER
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.
[2013] Lloyd's Rep. IR 80
SUTHERLAND PROFESSIONAL FUNDING LTD v BAKEWELLS AND OTHERS CHARTIS INSURANCE (UK) LTD (THIRD PARTY)ROYAL & SUN ALLIANCE INSURANCE PLC (FOURTH PARTY)
Insurance (professional indemnity) - Solicitor - Interim funding arrangements between clients and lender - Solicitors guaranteeing repayment - Whether liability under guarantee covered by professional indemnity policy - Whether debt constituted damages or compensation - Whether liability excluded by "trading debts" exclusion.
[2013] Lloyd's Rep. IR 93
SEALION SHIPPING LTD AND ANOTHER v VALIANT INSURANCE COMPANY(THE "TOISA PISCES")
Insurance (marine) - Loss of hire policy - Causation - Aggregation - Whether one or three occurrences giving rise to loss.
[2013] Lloyd's Rep. IR 122
AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE “PRINCESS OF THE STARS”)
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).
[2013] Lloyd's Rep. IR 131
CHURCHILL INSURANCE CO LTD v FITZGERALD AND ANOTHER EVANS v COCKAYNE AND ANOTHER SECRETARY OF STATE FOR TRANSPORT (INTERVENING)
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).
[2013] Lloyd's Rep. IR 137
FAIRCLOUGH HOMES LTD v SUMMERS
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.
[2013] Lloyd's Rep. IR 159
TED BAKER PLC AND ANOTHER v AXA INSURANCE UK PLC AND OTHERS
Insurance (property and business interruption) – Whether employee theft was excluded – Construction – Estoppel by convention – Rectification – Misrepresentation.
[2013] Lloyd's Rep. IR 174
AXN AND OTHERS v WORBOYS AND ANOTHER
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.
[2013] Lloyd's Rep. IR 207
CHEUNG KWAN WAH v CHINA PING AN INSURANCE (HONG KONG) CO LTD
Insurance (motor) – Duty of disclosure – Limited question – Assured not disclosing disqualifications and speeding – Whether facts material – Whether disclosure waived.
[2013] Lloyd's Rep. IR 230
DIGITAL SATELLITE WARRANTY COVER LTD v FINANCIAL SERVICES AUTHORITY
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.
[2013] Lloyd's Rep. IR 236
NULTY AND OTHERS v MILTON KEYNES BOROUGH COUNCIL
Insurance (public liability) – Test for determining cause of loss – Third Parties (Rights Against Insurers) Act 1930.
[2013] Lloyd's Rep. IR 243
PARKER AND ANOTHER v NATIONAL FARMERS UNION MUTUAL INSURANCE SOCIETY LTD
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.
[2013] Lloyd's Rep. IR 253
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