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SPHERE DRAKE INSURANCE PLC v. DENBYIAN POSGATE (THIRD PARTY)

[1995] LRLR 1

Reinsurance - Quota share - Stop loss - Construction - Whether oral agreement concluded by which Syndicate 701 agreed to stop loss plaintiffs’ quota share of non-marine insurance of Syndicates 126/129 - Proper construction of stop loss reinsurance accorded by Syndicate 701.

BANQUE BRUXELLES LAMBERT S.A. v. EAGLE STAR INSURANCE CO. LTD. MAURICE MARKOVITS ALLIED DUNBAR ASSURANCE PLC LEWIS & TUCKER LTD. AND JOHN D. WOOD COMMERCIAL LTD.

[1995] LRLR 17

Insurance (Mortgage Indemnity) - Negligent overvaluation - Duty of care - Plaintiffs made series of loans secured by commercial property - Borrowers defaulted - Security inadequate - Insurers denied liability - Whether plaintiffs induced to enter into transactions by negligent overvaluation of properties - Extent of overvaluation, duty, causation and measure of damage - Whether plaintiff contributed to negligence. Negligence - Professional negligence - Overvaluation - Plaintiffs made series of loans secured by commercial property - Borrowers defaulted - Whether plaintiffs induced to enter into transaction by negligent overvaluation - Extent of overvaluation, duty, causation and measure of damages - Contributory negligence

ASSITALIA-LE ASSICURAZIONI D’ITALIA SpA AND OTHERS v. OVERSEAS UNION INSURANCE LTD.

[1995] LRLR 76

Reinsurance - Limitation of time - Quota retrocession treaty - Treaty expressly governed by German law - Plaintiffs claimed under treaty - Applicable limitation period under German law - Whether plaintiffs’ claims time barred.

B. F. CAUDLE AND OTHERS v. ALEC SHARPPETER GROVE v. SAME

[1995] LRLR 80

Reinsurance - Errors and omissions - Lloyd’s agents insured against errors and omissions - Errors and omissions insurers reinsured - Names alleged negligence by underwriter in writing of contracts - Settlement agreement concluded - Lloyd’s agents claimed against errors and omissions insurers - Whether settlement agreement within coverage provided by errors and omissions insurers - Whether claims fell within period of reinsurance contracts.

O’BRIEN AND OTHERS v. HUGHES-GIBB AND CO. LTD. AND B.B.A. (IRELAND) LTD.

[1995] LRLR 90

Insurance (Bloodstock) - Theft - Negligence - Insurance of plaintiffs’ shares in racehorse placed in open market by brokers - Cover did not include loss by theft - Plaintiffs not advised - Racehorse stolen - Whether defendants negligent in placing insurance without cover against risk of theft.

Rv.INSURANCE OMBUDSMAN EX PARTE AEGON LIFE ASSURANCE LTD.

[1995] LRLR 101

Practice - Insurance Ombudsman - Judicial review - Ombudsman made awards against insurance company - Insurers challenged decision by judicial review - Whether Court had jurisdiction in relation to awards of Insurance Ombudsman - Whether Insurance Ombudsman Bureau susceptible to judicial review.

RED SEA INSURANCE CO. LTD v. BOUYGUES S.A. AND OTHERS

[1995] LRLR 107

Insurance (Buildings) - Subrogation - Conflict of laws - Property in Saudi Arabia insured by appellants - Respondents claimed under policy - Appellants counterclaimed - Appellants claim not actionable under lex fori - Whether appellants entitled to rely solely on Saudi Arabian law as lex loci delicti.

SOCIETE ANONYME D’INTERMEDIARIES LUXEMBOURGEOIS v. FAREX GIE AND OTHERS

[1995] LRLR 116

Reinsurance - Non-disclosure - Misrepresentation - Reinsurance facility and retrocession cover arranged by placing brokers - Retrocessionaire alleged retrocession cover invalid on ground that retrocession placed with them without authority - Whether knowledge of placing brokers imputed to reinsured - Whether reinsurer’s entitled to avoid reinsurance on grounds of non-disclosure and/or misrepresentation.

CLARENCE ROY HILL AND JOHN ROBERT CHARMAN v. MERCANTILE AND GENERAL REINSURANCE CO. PLC. TONY ROBERT BERRY AND OTHERS v. SAME

[1995] LRLR 160

Reinsurance - Follow Settlements clause - Excess of loss reinsurance - Invasion by Iraq of Kuwait - Damage caused to insured aircraft - Settlement by insurers - Plaintiffs claimed indemnity from defendant reinsurers - Interpretation of follow settlements clause - Whether plaintiffs entitled to summary judgment

MILANO ASSICURAZIONI SPA v. WALBROOK AND OTHERS

[1995] LRLR 188

Practice - Procedure - Application to amend writ - Discovery of documents - Whether plaintiff free to amend writ to allege that which he had discovered from defendant’s documents - Whether defendant entitled to injunction restraining plaintiffs from showing any third party any points of claim which plaintiffs obtained leave to amend.

BANQUE BRUXELLES LAMBERT S.A. v. EAGLE STAR INSURANCE CO. LTD. AND OTHERS MORTGAGE EXPRESS LTD. v. BOWERMAN AND PARTNERS THE UNITED BANK OF KUWAIT PLC v. PRUDENTIAL PROPERTY SERVICE LTD. NYKREDIT MORTGAGE BANK PLC v. EDWARD ERDMAN GROUP LTD. BNP MORTGAGES LTD. v. KEY SURVEYORS NATIONWIDE LTD. SAME v. GOADSBY AND HARDING LTD.

[1995] LRLR 195

Insurance (Mortgage Indemnity) - Negligent over-valuation - Duty of care - Plaintiffs made series of loans secured by commercial property - Borrowers defaulted - Security inadequate - Insurers denied liability - Whether plaintiffs induced to enter into transactions by negligent overvaluation of properties - Extent of overvaluation, duty, causation and measure of damage - Whether plaintiffs contributed to negligence. Negligence - Professional negligence - Overvaluation - Plaintiffs made series of loans secured by commercial property - Borrowers defaulted - Whether plaintiffs induced to enter into transaction by negligent overvaluation - Extent of overvaluation, duty, causation and measure of damages - Contributory negligence.

CLARENCE ROY HILL v. CITADEL INSURANCE CO. LTD. AND CITADEL REINSURANCE CO. LTD.

[1995] LRLR 218

Reinsurance - Non-disclosure - Misrepresentation - Excess of loss reinsurance - Defendants alleged plaintiffs misrepresented placing information as to costs of XL protection and failed to disclose material circumstances - Whether defendants entitled to avoid policy - Whether defendants affirmed contracts.

SIMNER v. NEW INDIA ASSURANCE CO. LTD. NEW INDIA ASSURANCE CO. LTD. v. SIMNER AND HEATH FIELDING INTERNATIONAL LTD.

[1995] LRLR 240

Reinsurance - Non-disclosure - Stop loss reinsurance - Brokers placed reinsurance with reinsurers - Reinsurers alleged non-disclosure and/or material misrepresentation - Whether reinsurers entitled to avoid policy - Whether reinsurers waived or affirmed reinsurance contract.

COLIN BAKER v. BLACK SEA AND BALTIC GENERAL INSURANCE CO. LTD.

[1995] LRLR 261

Reinsurance - “United States and Canadian Business (Fire and Casualty)” - Meaning of “Fire and Casualty” - Meaning of “United States and Canadian Business” - Cession - Validity - Whether cover provided by plaintiffs capable of being ceded to defendants - Whether plaintiffs ceded to defendant 50 per cent. of its line on each insurance - Whether such cession valid - Whether reinsurance treaty between plaintiffs and defendants terminated - Effect of termination - Effect of annual re-signing procedure -Whether defendants liable to reimburse plaintiffs in respect of costs/legal expenses - Whether defendants bound to follow settlements - Whether questions of limitation and claim handling arose.

COLIN BAKER AND OTHERS v. BLACK SEA AND BALTIC GENERAL INSURANCE CO. LTD. (No. 2)

[1995] LRLR 287

LANCASHIRE COUNTY COUNCIL v. MUNICIPAL MUTUAL INSURANCE LTD.

[1995] LRLR 293

Insurance (Public liability) - Construction - Indemnity - Compensation - Insurers to indemnify local authority in respect of all sums local authority legally liable to pay as compensation - Exemplary damages claimed against chief constable for wrongful arrest, false imprisonment and malicious prosecution - Whether compensation included exemplary damages - Whether insurers liable to indemnify local authority.

HALVANON INSURANCE CO. LTD. v. COMPANHIA DE SEGUROS DO ESTADO DE SAO PAULO AND OTHERS

[1995] LRLR 303

Reinsurance - Arbitration clause - Stay - Leave to serve writ out of jurisdiction - Application to adduce further evidence - Dispute under reinsurance contracts - Whether defendants estopped from applying to stay action under the Arbitration Act, 1975, s. 1 - Whether claims time barred - Whether leave to serve out of jurisdiction should be granted - Whether further evidence should be adduced.

SOCIETY OF LLOYD’S v. JOHN STEWART CLEMENTSON SAME v. GIAN CARLO ALESSANDRO MASON

[1995] LRLR 307

Contract - Implied terms - European Community law - Contract between Lloyd’s and Names - Whether terms should be implied into contract - Compatibility of Lloyd’s byelaws and European Community law - EC Treaty, arts. 3(g), 5, 85, 90 - Lloyd’s Acts, 1982, s. 14.

L’ALSACIENNE PREMIÈRE SOCIÉTÉ ALSACIENNE ET LORRAINE D’ASSURANCES CONTRE L’INCENDIE LES ACCIDENTS ET LES RISQUES DIVERS v. UNISTOREBRAND INTERNATIONAL INSURANCE A.S. AND KANSA REINSURANCE CO. LTD.

[1995] LRLR 333

Reinsurance - Reinsurance agreement - Avoidance - Allegations of Non-disclosure misrepresentation and repudiation - Whether agreement avoided - Allegation that first defendants refused to co-operate in securing to second defendants the benefit of the common account reinsurances - Whether a repudiatory breach - Whether contracts of reinsurance illegal under Insurance Companies Acts - Whether second defendants liable to indemnify first defendants.

EXCESS INSURANCE CO. LTD. ANDHOME AND OVERSEAS INSURANCE CO. LTD.v.C. J. MANDER

[1995] LRLR 358

Reinsurance - Arbitration clause - Incorporation - Stay of action - Plaintiffs claimed under excess of loss reinsurance agreement - Whether arbitration clause incorporated - Whether action should be stayed - Arbitration Act, 1950 s. 4.

TRADE INDEMNITY PLC AND OTHERS v. FORSAKRINGSAKTIEBOLAGET NJORD (In Liquidation)

[1995] LRLR 367

Reinsurance - Jurisdiction - Forum non conveniens - Lugano Convention - Plaintiffs reinsured defendants - Defendants declared bankrupt in Sweden - Plaintiffs alleged non-disclosure and misrepresentation and sought to avoid policy - Whether Sweden more appropriate forum - Sweden signed Lugano Convention - Whether plaintiffs could establish English jurisdiction under Convention - Whether writs should be set aside.

GATE AND ANOTHER v. SUN ALLIANCE INSURANCE LTD.

[1995] LRLR 385

Insurance (Marine) - Non-disclosure - Misstatement - Claim for total loss of vessel - Insurers denied liability - Allegations of non-disclosure and misstatements regarding ownership interests in vessel - Allegations of non-disclosure, misstatement and fraud over value of vessel and non-disclosure of past fraudulent conduct - Whether insured involved in scuttling of vessel - Whether insurers entitled to avoid liability.

B. F. CAUDLE AND OTHERS v. ALEC SHARPPETER GROVE v. SAME

[1995] LRLR 433

Reinsurance - Errors and omissions - Lloyd’s agents insured against errors and omissions - Errors and omissions insurers reinsured - Names alleged negligence by underwriter in writing of contracts - Settlement agreement concluded - Lloyd’s agents claimed against errors and omissions insurers - Whether settlement agreement within coverage provided by errors and omissions insurers - Whether claims fell within period of reinsurance contracts.

ORAKPO v. BARCLAYS INSURANCE SERVICES AND ANOTHER

[1995] LRLR 443

Insurance (Buildings) - Misrepresentation - Fraudulent claim - Repair notice issued by local authority - Plaintiffs filled in proposal form stating property in good state of repair - Buildings destroyed by fire - Plaintiff claimed in respect of cost of repair before the fire and loss of rent - Whether claim fraudulent - Whether defendants entitled to avoid policy for misrepresentation - Whether all benefit under policy forfeited.

KATHLEEN DE SOUZA v. HOME AND OVERSEAS INSURANCE CO. LTD.

[1995] LRLR 453

Insurance (Travel) - Accidental bodily injury - Insured died on holiday - Insurers denied liability - Whether death caused by accident - Whether claim within policy.

EXCESS INSURANCE CO. LTD. v. ASTRA S.A. INSURANCE AND REINSURANCE CO.

[1995] LRLR 464

Reinsurance - Excess of loss - Claim by reinsured under policies - Application to set aside writ - Material omission or other deficiency in pleading true cause of action - Whether appropriate for Court to set aside leave to serve out of jurisdiction - Whether England more appropriate forum for trial of action.

JOHNSTON (and all other members of Syndicate 964 at Lloyd’s, who were parties to the contract of reinsurance) v. LESLIE & GODWIN FINANCIAL SERVICES LTD.

[1995] LRLR 472

Reinsurance - Contractual duty - Duty to collect claims - Lloyd’s brokers placed plaintiff’s reinsurance liabilities - Plaintiffs claimed under reinsurances 30 years later - Whether brokers under duty to collect claims and/or retain documents - Whether brokers in breach - Whether plaintiffs’ claims time barred - Whether plaintiffs guilty of contributory negligence.

R. v. REGULATORY BOARD OF LLOYD’S OF LONDON EX PARTE RODERICK A.F. MACMILLAN AND STUART GORDON THOMPSON

[1995] LRLR 485

Practice - Judicial review - Decision of regulatory board not to suspend loss review in connection with losses incurred on syndicatee - Application for judicial review - Principles applicable.

FUJI FINANCE INC. v. AETNA LIFE INSURANCE CO. LTD. AND ANOTHER

[1995] LRLR 490

Insurance (Investment Account) - Life assurance - Breach of contract - Plaintiffs took out insurance policy on life of policyholder-Policy enabled policyholder to switch units allocated between several funds - Insurers changed switching policy - Policyholder alleged insurers in breach and claimed damages - Whether policy a life policy within s. 1 of Life Assurance Act, 1774 - Whether insurers in breach of s. 16(1) of the Insurance Companies Act, 1982.

CAPEL-CURE MYERS CAPITAL MANAGEMENT LTD.v.McCARTHY AND OTHERS

[1995] LRLR 498

Insurance (Stock Exchange) - Indemnity - Costs and liabilities - Claim brought against plaintiffs for damages for breach of contract, breach of fiduciary duty and breach of statutory duty arising out of alleged misuse of securities - Plaintiffs incurred costs in investigating and defending claim - Whether defendants obliged to indemnify plaintiffs - Financial Services Act, 1986, s. 62.

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