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LLR: Insurance & Reinsurance Plus
AUTHOR: Ian Hunter QC, Professor Robert Merkin & Mark Simpson
LLR: Insurance & Reinsurance Plus
Author: Ian Hunter QC, Professor Robert Merkin & Mark Simpson
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Browse 2013 Archive by Volume
Reports for Volume 1, 2013
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 Plus 1
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 Plus 2
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 Plus 3
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 Plus 5
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 Plus 6
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 Plus 7
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 Plus 8
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 Plus 9
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 Plus 10
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 Plus 11
HAWKSFORD TRUSTEES JERSEY LTD v STELLA GLOBAL UK LTD AND ANOTHER
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.
[2013] Lloyd's Rep. IR Plus 12
AXA INSURANCE UK PLC v THERMONEX LTD
Insurance (public liability and contractors’ all risks) – Property allegedly defective – Whether public liability policy covered remediation costs – Notification clauses – Whether condition precedent – Whether failure to notify – Negative declaratory relief – CPR 40.20.
[2013] Lloyd's Rep. IR Plus 13
ASTRAZENECA INSURANCE CO LTD v XL INSURANCE (BERMUDA) LTD AND ANOTHER
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.
[2013] Lloyd's Rep. IR Plus 14
AIOI NISSAY DOWA INSURANCE CO LTD v HERALDGLEN LTD AND ANOTHER
Reinsurance (excess of loss) – Aggregation – Whether 9/11 attacks on World Trade Center constituted one event or two – Arbitration Act 1996, section 69.
[2013] Lloyd's Rep. IR Plus 15
BROWN-QUINN AND ANOTHER v EQUITY SYNDICATE MANAGEMENT LTD AND ANOTHER
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.
[2013] Lloyd's Rep. IR Plus 16
EUI LTD v BRISTOL ALLIANCE LIMITED PARTNERSHIP
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.
[2013] Lloyd's Rep. IR Plus 17
PACIFIC CHEMICALS PTE LTD v MSIG INSURANCE (SINGAPORE) PTE LTD
Insurance (property damage) – Heating system shut down – Acid in tank solidifying and tank itself buckling – Whether damage “unforeseen and sudden” – Proximate cause of loss
[2013] Lloyd's Rep. IR Plus 18
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