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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 2006 Archive by Volume
Reports for Volume 1, 2006
TALBOT UNDERWRITING LTD v NAUSCH, HOGAN & MURRAY INC “THE JASCON 5”
Insurance (marine construction risks) – Brokers instructed by owners to take out insurance covering repair of vessel with repairers as co-assured – Slip policy not naming repairers – Whether repairers parties to insurance under insuring clause or by reason of doctrine of undisclosed principal – Whether trust of policy in favour of repairers – Whether existence of undisclosed principal a material fact requiring disclosure – Whether insurers induced – Whether duty of disclosure or breach of duty waived – Whether assured and repairers suffering loss by reason of any breach of duty by brokers – Whether loss proximately caused by delay or by insured peril – Marine Insurance Act 1906, section 55(2)(b).
[2006] Lloyd's Rep. IR Plus 1
NORTH STAR SHIPPING LTD v SPHERE DRAKE INSURANCE PLC
Insurance (marine war risks) – Vessel destroyed by explosive device – Misrepresentation and non-disclosure – Whether outstanding criminal and civil proceedings a material fact – Whether impecuniosity of assured a material fact – Whether overvaluation of vessel a material fact – Marine Insurance Act 1906, section 18(2).
[2006] Lloyd's Rep. IR Plus 2
HIH CASUALTY AND GENERAL INSURANCE LTD v JLT RISK SOLUTIONS LTD
Reinsurance (film finance) – Reinsured making payment under direct policies despite being told by reinsurers that indemnity would not be provided – Whether brokers in breach of duty in not alerting reinsured to possible defence under direct policy – Whether breach of duty causative of reinsured’s loss – Whether reinsured contributorily negligent.
[2006] Lloyd's Rep. IR Plus 3
ING RE (UK) LTD v R&V VERSICHERUNG AG
Reinsurance – Underwriting agent – Quota share reinsurance treaty entered into by underwriting agent on behalf of reinsurers – Agent having no actual authority to enter treaty – Whether agent had ostensible authority – Whether reinsurers ratified treaty.
[2006] Lloyd's Rep. IR Plus 4
EQUITAS LTD v WAVE CITY SHIPPING CO LTD
Insurance (marine war risks) – Conflict of laws – Vessel becoming constructive total loss – War risks insurers refusing to make payment – Insurers receiving profit commission from reinsurers – Allegation by assured that reinsurers had induced breach of insurance contract by paying profit commission – Application by reinsurers for negative declaration – Whether court had jurisdiction to grant negative declaratory relief in respect of tort claim – Council Regulation 44/2001/EC, article 5(3) – Whether reinsurers liable in tort.
[2006] Lloyd's Rep. IR Plus 5
SOCIÉTÉ FINANCIÈRE ET INDUSTRIELLE DU PELOUX v AXA BELGIUM AND OTHERS
Insurance (liability) – Conflict of laws – Assured domiciled in France – Assured’s parent company domiciled in Belgium procuring a group policy from Belgian insurer covering assured in France – Belgian policy containing jurisdiction clause nominating Belgian courts – Proceedings commenced against assured in France – Whether Belgian insurers could be joined to French proceedings despite jurisdiction clause – Brussels Convention 1968, articles 10 and 12.
[2006] Lloyd's Rep. IR Plus 6
BRIT SYNDICATES LTD AND OTHERS v (1) ITALAUDIT SPA (2) GTI
Insurance (professional indemnity) – Composite policy – Umbrella organisation insuring itself and its members against professional liability – Policy covering umbrella organisation where facing liability for claims made against insured members – Policy avoided against member – Whether umbrella organisation nevertheless entitled to indemnity for claims against member.
[2006] Lloyd's Rep. IR Plus 7
BP PLC v AON LTD
Insurance – Open cover – Sub-brokers failing to make appropriate declarations to open cover – Whether duty of care owed to assured by sub-brokers – Causation and measure of damages – Whether assured entitled to recover sums due under policies or cost of purchasing replacement cover.
[2006] Lloyd's Rep. IR Plus 8
RENDALL v COMBINED INSURANCE COMPANY OF AMERICA
Reinsurance – Insurance (travel) – Employees killed while evacuating South Tower of World Trade Center – Insurance covering death or injury while travelling on employer’s business – Policy governed by Illinois law – Whether losses covered – Misrepresentation and non-disclosure – Estimate of number of travel days – Whether implied representation that estimate based on historical data – Waiver of disclosure – Marine Insurance Act 1906, section 20(5).
[2006] Lloyd's Rep. IR Plus 9
LINELEVEL LTD v POWSZECHNY ZAKLAD UBEZPIECZEN SA THE “NORE CHALLENGER”
Insurance (marine) – Damage to tug – Insurable interest of bareboat charterers, owners and managers – Whether loss caused by perils of the sea – Institute Time Clauses Hulls 1983 – Duty of assured to sue and labour – Marine Insurance Act 1906, section 78(4) – Amount of recovery.
[2006] Lloyd's Rep. IR Plus 10
GE FRANKONA REINSURANCE LTD v CMM TRUST NO 1400 THE “NEWFOUNDLAND EXPLORER”
Insurance (marine) – Yacht insured against port risks – Assured warranting that yacht would be “fully crewed at all times” – Whether warranty required a member of crew to be on board at all times or simply employed or in the vicinity.
[2006] Lloyd's Rep. IR Plus 11
EULER HERMES UK PLC v APPLE COMPUTER BV
Insurance (credit) – Obligations of assured under settlement contract – Whether settlement incorporated obligation on assured to bring successful proceedings against third party – Assured failing to do so – Whether assured obliged to repay sums paid under settlement.
[2006] Lloyd's Rep. IR Plus 12
ROGERS v MERTHYR TYDFIL COUNTY BOROUGH COUNCIL
Insurance (after the event) – Costs – ATE premium payable in three stages – Whether inclusion of ATE premium in costs award reasonable – Access to Justice Act 1999, section 29 – Civil Procedure Rules, Parts 44 and 44.
[2006] Lloyd's Rep. IR Plus 13
GOSHAWK DEDICATED LTD v ROP INC [2006] EWHC 1730 (Comm)
Insurance (viatical business) – Conflict of laws – Arbitration – Insurance containing arbitration clause – Policy assigned – Arbitration commenced against assignee in London – Tort proceedings commenced in Georgia against assignee’s parent company – Assignee applied to intervene in Georgia proceedings – Whether anti-suit injunction should be granted against assignee.
[2006] Lloyd's Rep. IR Plus 14
PATRICK v ROYAL LONDON MUTUAL INSURANCE SOCIETY LTD
Insurance (liability) – Assured’s young son deliberately setting fire near mill – Fire spread and mill destroyed – Whether fire was the result of “any wilful, malicious or criminal acts”.
[2006] Lloyd's Rep. IR Plus 15
AXA RE v ACE GLOBAL MARKETS LTD
Reinsurance – Arbitration – Agreement containing non-exclusive jurisdiction clause nominating the English courts – Agreement referring to standard clauses which included arbitration clause – Whether reinsurance incorporated arbitration clause – Whether arbitration clause could be reconciled with jurisdiction clause.
[2006] Lloyd's Rep. IR Plus 16
KYLE BAY LTD v UNDERWRITERS SUBSCRIBING TO POLICY NO 019057/08/01
Insurance (business interruption) – Whether policy written on gross profits (average) basis or declaration linked basis (no average) – Whether policy could be rectified – Claim compromised under final settlement on basis of gross profits cover – Whether settlement void for mistake or voidable for misrepresentation – Whether settlement subject to condition precedent.
[2006] Lloyd's Rep. IR Plus 17
McMINN v (1) McMINN (2) AIOI INSURANCE CO OF EUROPE LTD
Insurance (motor) – Passenger injured in vehicle being driven by unauthorised person – Whether insurers liable to satisfy judgment against driver – Whether vehicle unlawfully taken – Whether passenger knew or ought to have known – Road Traffic Act 1988, section 151(4).
[2006] Lloyd's Rep. IR Plus 18
SUN ALLIANCE & LONDON INSURANCE PLC v PT ASURANSRI DAYIN MITRA TBK THE “NO 1 DAE BU”
Insurance (marine) – Insurance taken out on vessel to be transported from South Korea to Indonesia – Vessel damaged before voyage commenced – Whether assured in breach of class warranties – Whether policy applied to port risks – Whether vessel unseaworthy – Discretion of English court to grant negative declaratory relief to insurers.
[2006] Lloyd's Rep. IR Plus 19
DORNOCH LTD v MAURITIUS UNION ASSURANCE CO LTD
Reinsurance – Conflict of laws – Direct bankers’ blanket policy governed by law of Mauritius – Reinsurance governed by English law – Proceedings for negative declaration issued by reinsurers in England – Reinsurers then joined to action by assured against insurers in Mauritius – Whether reinsurance incorporated an exclusive jurisdiction clause – Law applicable to reinsurance – Rome Convention 1980, articles 2 and 3 – Whether England the most convenient forum for action – Action in tort by reinsurers for fraudulent misrepresentation – Law applicable to tort claim – Private International Law (Miscellaneous Provisions) Act 1995, sections 11 and 12.
[2006] Lloyd's Rep. IR Plus 20
DIAB v REGENT INSURANCE CO LTD (BELIZE)
Insurance (fire) – Policy laying down condition precedent requiring claim in writing and provision of information within 15 days – Assured told that any claim would be refused by reason of arson – No information provided to insurers – Whether insurers precluded from relying on condition precedent – Waiver – Estoppel – Relief from forfeiture.
[2006] Lloyd's Rep. IR Plus 21
SHINEDEAN LTD v ALLDOWN DEMOLITION (LONDON) LTD (IN LIQUIDATION) AXA INSURANCE UK PLC
Insurance (public liability and contractors’ all risks) – Assured allegedly guilty of negligence in causing damage to claimant’s property – Action for declaration as to liability of insurers to claimant under Third Parties (Rights against Insurers) Act 1930 – Allegation by insurers that assured failed to comply with claims cooperation clause – Whether clause a condition precedent to insurers’ liability – Whether assured in breach of clause.
[2006] Lloyd's Rep. IR Plus 22
HEATH LAMBERT LTD v SOCIEDAD DE CORRETAJE DE SEGUROS (NO 2)
Reinsurance (marine) – Placing broker paying premium on marine reinsurance policy – Placing broker not indemnified by producing broker or reinsured – Whether placing broker had lien over proceeds of claim to satisfy outstanding premium – Marine Insurance Act 1906, section 53.
[2006] Lloyd's Rep. IR Plus 23
STEMSON v AMP GENERAL INSURANCE (NZ) LTD
Insurance – Fraud – Whether assured deliberately set fire to insured premises – Fraudulent claim – Whether false statement made to loss adjuster after fire amounted to use of fraudulent means or devices.
[2006] Lloyd's Rep. IR Plus 24
RE T&N LTD (NO 4)
Insurance (employers’ liability) – Scheme of arrangement proposed by insured company in respect of asbestos claims – Whether scheme of arrangement precluded by section 3 of the Third Parties (Rights Against Insurers) Act 1930 – Whether agreement to amend employers’ liability policy after its expiry contravened the Employers’ Liability (Compulsory Insurance) Act 1969 – Companies Act 1985, section 425.
[2006] Lloyd's Rep. IR Plus 25
PHILLIPS v (1) RAFIQ (2) MOTOR INSURERS’ BUREAU
Insurance (motor) – Registered owner of vehicle uninsured for use of vehicle – Owner killed while passenger in vehicle being driven by uninsured driver – Claim against driver under Fatal Accidents Act 1976 – Whether Motor Insurers’ Bureau liable to satisfy judgment – Uninsured Drivers Agreement 1999, clause 6.
[2006] Lloyd's Rep. IR Plus 26
GREAT NORTH EASTERN RAILWAY LTD v JLT CORPORATE RISKS LTD
Insurance broker – Duty of care – Allegation that policy did not cover risks requested by assured – Claim brought more than six years after date of placement but within six years of date of loss – Whether claim time-barred – Whether broker owed continuing duty of care to inform assured that instructions not carried out – Whether broker a joint tortfeasor with third party causing loss to assured.
[2006] Lloyd's Rep. IR Plus 27
FARADAY CAPITAL LTD v COPENHAGEN REINSURANCE CO LTD
Reinsurance – Defendants reinsuring claimants under contract stated to be subject to same terms as original and to follow settlements – Claims made against reinsured by assured settled under a full and final settlement “without prejudice to or waiver of their respective positions” – Whether reinsurers bound by settlement.
[2006] Lloyd's Rep. IR Plus 28
MJ HARRINGTON SYNDICATE 2000 v AXA OYAK SIGORTA AS
Reinsurance – Bankers Blanket Bond policy issued to Turkish bank – Reinsurance subject to requirement that employees of bank took two weeks’ holiday – Whether compliance warranted – Whether condition precedent requiring compliance applied to losses occurring prior to inception of policy – Whether reinsurers precluded from relying on defences by agreeing to extend time for compliance, failing to deny liability and subsequently extending cover – Waiver and estoppel.
[2006] Lloyd's Rep. IR Plus 29
BLACKBURN ROVERS FOOTBALL AND ATHLETIC CLUB PLC v AVON INSURANCE PLC (NO 2)
Insurance (personal accident) – Insurance obtained by football club against personal injury to players – Policy excluding liability where disablement attributable directly or indirectly to degenerative conditions – Footballer suffering injury and found to have degenerative condition – Effect of exclusion.
[2006] Lloyd's Rep. IR Plus 30
FREAKLEY v CENTRE REINSURANCE INTERNATIONAL CO
Insurance (liability) – Assured going into administration – Insurers entitled to take over claims handling on administration of assured – Whether costs of claims handling were a priority payment under the administration – Insolvency Act 1986, section 19(4)-(5).
[2006] Lloyd's Rep. IR Plus 31
EVANS v CLARKE (PART 20 CLAIMANT) NIG INSURANCE PLC (PART 20 DEFENDANT)
Insurance (motor) – Accident occurring on private premises to which public had access – Whether a “road” – Effect of breach of notification clause in policy.
[2006] Lloyd's Rep. IR Plus 32
MILLER v HALES QBE INTERNATIONAL INSURANCE LTD
Insurance (motor) – Policeman injured attempting to prevent theft of police car – Whether policeman an employee – Whether policeman had direct action against constabulary’s motor insurers – Road Traffic Act 1988, sections 143, 145 and 151.
[2006] Lloyd's Rep. IR Plus 33
IMMERZEEL v SANTAM LTD
Insurance (liability) – Professional indemnity policy written on claims made basis – Assured informed of possible proceedings against them – Whether claim made against the assured.
[2006] Lloyd's Rep. IR Plus 34
CATLIN SYNDICATE LTD DORNOCH LTD WELLINGTON (FIVE) LTD MATHERS v ADAMS LAND & CATTLE CO(Comm)
Insurance – Conflict of laws – Insurance issued to assured in Nebraska – Policy subject to UK law and jurisdiction – Service of suit clause permitting assured to sue in Nebraska – Insurers seeking negative declaratory relief in England – Assured then exercising rights under service of suit clause – Whether English proceedings should be stayed.
[2006] Lloyd's Rep. IR Plus 35
CNA INSURANCE CO LTD v OFFICE DEPOT INTERNATIONAL (UK) LTD
Insurance – Conflict of laws – Proceedings brought by insurers in England and by assureds in Florida – Agreement to stay Florida proceedings – Subsequent action brought in Florida – Whether insurers entitled to anti-suit injunction – Whether assureds entitled to stay of English proceedings.
[2006] Lloyd's Rep. IR Plus 36
NORWICH UNION INSURANCE LTD v MEISELS
Insurance (property) – Non-disclosure – Assured failing to disclose connection with insolvent and struck off companies – Assured failing to disclose previous misrepresentation – Assured failing to disclose use of alias – Whether facts material – Whether insurers induced.
[2006] Lloyd's Rep. IR Plus 37
POOLE v HER MAJESTY’S TREASURY
Insurance – Lloyd’s – Action by Lloyd’s Names against Treasury for failing to implement EC Insurance Directives – Whether Directives conferring individual rights – Whether Names time-barred – Council Directive 73/239/EEC – Limitation Act 1980, sections 2 and 14A.
[2006] Lloyd's Rep. IR Plus 38
TONKIN v UK INSURANCE LTD
Insurance (fire) – Assured’s premises destroyed by fire – Date at which measure of indemnity to be calculated – Whether insurers liable in damages for late payment – Whether part of claim fraudulent – Entitlement of assured to interest.
[2006] Lloyd's Rep. IR Plus 39
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