i-law.com

DORNOCH LTD AND OTHERS v WESTMINSTER INTERNATIONAL BV AND OTHERS (THE "WD FAIRWAY") (NO 3)

Insurance (marine) - Vessel becoming constructive total loss - Insurers rejecting notice of abandonment but paying for constructive total loss - Vessel sold by assured to associated company at undervalue - Insurers thereafter asserting right of salvage - Whether insurers had opted to waive salvage rights - Law applicable to proprietary effects of transfer - Renvoi - Insolvency Act 1986, section 423.

[2010] Lloyd's Rep. IR 1

HOMESERVE MEMBERSHIP LTD v COMMISSIONERS FOR HM REVENUE AND CUSTOMS

Insurance (assistance) — Insurance Premium Tax — Assured paid premium to insurers for assistance and also paid arrangement fee — Whether arrangement fee subject to IPT — Finance Act 1994, section 72.

[2010] Lloyd's Rep. IR 47

GARD MARINE & ENERGY LTD v TUNNICLIFFE AND OTHERS

Reinsurance — Jurisdiction — Action by reinsured against reinsurer domiciled in Bermuda — Whether reinsurer should be joined to proceedings against London market reinsurers and brokers — Law applicable to reinsurance — Place of performance of reinsurers’ obligations under the reinsurance — Rome Convention 1980, article 3 — Lugano Convention 1989, articles 5 and 6.

[2010] Lloyd's Rep. IR 60

RE EQUITAS LTD

Insurance — Transfer of business — Lloyd’s — Scheme for transfer of Names’ liabilities — Whether court should approve transfer — Financial Services and Markets Act 2000, sections 109 and 111.

[2010] Lloyd's Rep. IR 69

VORARLBERGER GEBIETSKRANKENKASSE v WGV-SCHWÄBISHE ALLGEMEINE VERSICHERUNGS AG

Insurance (motor) — Jurisdiction — State social insurance fund indemnifying victim — Assignment of rights to fund — Whether fund could bring proceedings in the member state of its domicile — Council Regulation (EC) No 44/2001, articles 9 and 11.

[2010] Lloyd's Rep. IR 77

SHAH v UL-HAQ AND OTHERS

Fraud — Claim in tort — Whether use of fraud in claim vitiated entire claim — Civil Procedure Rules 3.4(2).

[2010] Lloyd's Rep. IR 84

CRANE (REPRESENTING SYNDICATE 53 AT LLOYD’S, 1998 YEAR OF ACCOUNT) v HANNOVER RUCKVERSICHERUNGS-AKTIENGESELLSCHAFT PARK LONDON LTD (THIRD PARTY)

Retrocession — Utmost good faith — Retrocessionaires asserting that reinsurers had failed to disclose and had misrepresented reinsured’s underwriting practice — Whether false statements made — Whether facts material — Inducement — Whether duty to disclose information obtained after contract — Whether reinsurers required to disclose their own concerns to retrocessionaires — Marine Insurance Act 1906, section 20.

[2010] Lloyd's Rep. IR 93

FLEXSYS AMERICA LP v XL INSURANCE CO LTD

Insurance (liability) — Local policy — Drop-down clause in excess layer policy — Whether drop-down clause applied to claims falling outside excess layer policy coverage.

[2010] Lloyd's Rep. IR 132

DUNLOP HAYWARDS (DHL) LTD AND OTHERS v BARBON INSURANCE GROUP LTD AND OTHERS LOCKTON COMPANIES INTERNATIONAL LTD (THIRD PARTY)

Insurance (professional indemnity) — Producing broker instructed to place excess layer insurance — Producing broker wrongly instructing placing broker to limit cover — Construction of policy — Rectification — Liability of producing broker to assured — Contributory negligence — Liability of placing broker to producing broker.

[2010] Lloyd's Rep. IR 149

JONES v ENVIRONCOM LTD AND ANOTHER

Insurance (property) — Application for negative declaratory relief — Counterclaim for sum allegedly due under the policy — Whether order for security for the insurers’ costs of the counterclaim should be made — Civil Procedure Rules, Rule 25.13.

[2010] Lloyd's Rep. IR 190

LEWIS v NORWICH UNION HEALTHCARE LTD

Insurance (permanent health) — Assured failing to disclose visit to doctor — Insurers avoiding policy — Inducement — Whether insurers able to prove inducement without evidence from actual underwriter — Waiver of disclosure.

[2010] Lloyd's Rep. IR 198

HAMISHMAR INSURANCE AGENCY LTD AND ANOTHER v FIRSTCITY PARTNERSHIP LTD

Expert determination — Insurance — Claim by coverholder against brokers — Counterclaim by brokers seeking to bring into account sums paid by them to underwriters — Reference to expert determination — Whether expert required to decide whether sums were paid to fund premiums.

[2010] Lloyd's Rep. IR 215

GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE “CENDOR MOPU”)

Insurance (marine) — Institute Cargo Clauses (A) — All risks cover — Oil rig damaged in course of being transported — Causation — Perils of the sea — Whether loss inevitable — Whether loss caused by inherent vice — Marine Insurance Act 1906, section 55(2)(c) and schedule, para 7.

[2010] Lloyd's Rep. IR 221

JACOBS v MOTOR INSURERS’ BUREAU

Insurance (motor) — English domiciled claimant injured in accident in Spain — Driver uninsured — Action brought against Motor Insurers’ Bureau — Whether damages to be assessed under Spanish law or English law — Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulation 13 — Rome II Regulation, article 4.

[2010] Lloyd's Rep. IR 244

RE BRITISH AVIATION INSURANCE CO LTD

Insurance — Scheme of arrangement — Application to court for sanctioning of scheme of arrangement by insurance company — Whether meetings properly summoned — Whether classes of policyholders had been properly identified — Whether scheme should be sanctioned — Distinction between solvent and insolvent scheme — Companies Act 1985, section 425.

[2010] Lloyd's Rep. IR 254

WILKINSON v FITZGERALD AND ANOTHER

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 — EC Second Motor Insurance Directive, Council Directive 84/5/EEC, article 2(1) — Road Traffic Act 1988, section 151(8).

[2010] Lloyd's Rep. IR 278

YECHIEL v KERRY LONDON LTD

Insurance broker — Policy condition imposing restrictions on jewellery — Whether assured informed broker of change in circumstances.

[2010] Lloyd's Rep. IR 295

A C WARD & SONS LTD v CATLIN (FIVE) LTD AND OTHERS

Insurance (theft) — Application for summary judgment by insurers — Policy containing burglar alarm and protection maintenance terms — Whether provisions were warranties — Construction of scope of warranties.

[2010] Lloyd's Rep. IR 301

GOLDSMITH WILLIAMS v TRAVELERS INSURANCE CO LTD

Insurance (professional indemnity) — Judgment obtained by claimant against solicitors — Direct claim against liability insurers — Whether insurers had a defence based on fraud of solicitors — Third Parties (Rights Against Insurers) Act 1930.

[2010] Lloyd's Rep. IR 309

DIRECT LINE INSURANCE PLC v FOX

Claim — Fraud — Assured submitting false invoices to obtain payment under settlement agreement — Whether assured making a fraudulent claim — Whether fraudulent claim had been retracted — Validity of fraudulent claims clause under Unfair Terms in Consumer Contracts Regulations 1999.

[2010] Lloyd's Rep. IR 324

QUINN DIRECT INSURANCE LTD v THE LAW SOCIETY OF ENGLAND AND WALES

Insurance (professional indemnity) — Law Society intervening in firm of solicitors — Liability insurers requesting disclosure of all of the assured’s documents and records — Obligation of assured under policy to cooperate with insurers — Whether Law Society under a duty to comply — Solicitors Act 1974, section 37 — Civil Procedure Rules, Parts 8 and 31.

[2010] Lloyd's Rep. IR 336

MASEFIELD AG v AMLIN CORPORATE MEMBER LTD

Insurance (marine) — Piracy — Vessel seized by pirates — Ransom paid and vessel and cargo released — Whether cargo became an actual total loss on seizure — Whether cargo became a constructive total loss on seizure — Legality of payment of ransom — Marine Insurance Act 1906, sections 57 and 60.

[2010] Lloyd's Rep. IR 345

TOROPDAR v D

Insurance (motor vehicle) — Procedure — Declaratory relief — Personal injury claim — Action for negative declaration — Whether application should be granted — Whether application should be entertained in personal injury cases — CPR Part 40.20.

[2010] Lloyd's Rep. IR 358

PORTER v ZURICH INSURANCE CO

Insurance (property) — Assured deliberately setting fire to building — Insurers relying on public policy and a contractual exclusion for wilful acts — Whether assured could rely upon insanity — Failure by assured to comply with claims cooperation clause — Whether insurers entitled to damages for breach of clause.

[2010] Lloyd's Rep. IR 373

AXA INSURANCE LTD v AKTHER & DARBY SOLICITORS AND OTHERS

Insurance (after the event) — Claims against solicitors by ATE insurers — Allegation of negligent selection of risks and of negligent conduct of cases — Limitation of actions — Applicable limitation period to tort claims — Limitation Act 1980, section 2.

[2010] Lloyd's Rep. IR 393

BARR v BIFFA WASTE SERVICES LTD AND ANOTHER

Insurance (after the event) — Group Litigation Order — Application by defendant for disclosure of claimants’ ATE policy — Whether disclosure should be ordered — Case management — Civil Procedure Rules 3, 18.1, 31.14, 44.15 and Practice Direction 44.

[2010] Lloyd's Rep. IR 428

CROWSON v HSBC INSURANCE BROKERS

Insurance (directors’ and officers’) — Brokers instructed by company to place insurance — Brokers failing to do so — Whether duty of care owed to company’s director — Contracts (Rights of Third Parties) Act 1999.

[2010] Lloyd's Rep. IR 441

CAVELL USA INC AND ANOTHER v SEATON INSURANCE CO AND ANOTHER

Insurance — Run-off — Claimant managed run-off of defendant insurers — Agreement terminating run-off and exempting claimant from most claims other than fraud — Exclusive jurisdiction clause in favour of England — Claim brought in New York — Whether fraud claim within exclusive jurisdiction clause.

[2010] Lloyd's Rep. IR 445

HORWOOD v LAND OF LEATHER LTD AND ANOTHER

Insurance (product liability) — Claims control clause requiring assured to seek consent of insurers for settlement — Whether clause applied to claims by the assured against a third party — Implied term preventing prejudice to subrogation rights.

[2010] Lloyd's Rep. IR 453

LOYALTREND LTD AND ANOTHER v CREECHURCH DEDICATED LTD AND OTHERS

Insurance (business interruption) — Policy covering business interruption losses following material damage — Date of material damage — Condition precedent requiring immediate notification of damage — Whether assured complying with condition precedent.

[2010] Lloyd's Rep. IR 466

MICHAEL PHILLIPS ARCHITECTS LTD v RIKLIN AND ANOTHER

After the event insurance — Security for costs — Whether the existence of ATE insurance justified the refusal of security for costs — CPR Part 25.13.

[2010] Lloyd's Rep. IR 479

SEELE AUSTRIA GMBH & CO KG v TOKIO MARINE EUROPE INSURANCE LTD (NO 3)

Insurance (property) — Limitation of actions — Addition of new cause of action — Running of limitation period — Limitation Act 1980, section 35 — Civil Procedure Rules, rule 17.4(2).

[2010] Lloyd's Rep. IR 490

US TRADING LTD v AXA INSURANCE CO LTD

Insurance (fire) — Fraudulent claim — Statements by assured that warranty complied with — Whether statements false and fraudulent — Whether warranty formed part of policy — Construction of warranty — Whether warranty complied with.

[2010] Lloyd's Rep. IR 505

Print Editions

LLR: Insurance & Reinsurance