LLR: Insurance & Reinsurance Plus

KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER

Insurance (employers’ liability) – Avoidance of policy for non-disclosure and misrepresentation –Effect of Insurance Conduct of Business Sourcebook – Whether avoidance unreasonable – Third Parties (Rights Against Insurers) Act 1930 – Employers’ Liability (Compulsory Insurance) Act 1969.

[2022] Lloyd's Rep. IR Plus 1

ABN AMRO BANK NV v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS

Insurance (marine) – Misrepresentation and non-disclosure – Construction – Meaning of Transaction Premium Clause – Effect of non-avoidance clause – Estoppel.

[2022] Lloyd's Rep. IR Plus 2

JONES v ZURICH INSURANCE PLC

Insurance – Consumer policy – Duty to take reasonable care – Proof of dishonesty or recklessness – Remedy – Consumer Insurance (Disclosure and Representations) Act 2012.

[2022] Lloyd's Rep. IR Plus 3

BROWN v FISK AND OTHERS

Insurance (motor) – Compulsory insurance – Pedestrian injured in yard – Whether yard was a “public place” – Summary judgment – Road Traffic Act 1988, sections 143 and 151 – Civil Procedure Rules, rule 24.2.

[2022] Lloyd's Rep. IR Plus 4

AAI LTD T/A VERO INSURANCE v TECHNOLOGY SWISS PTY LTD

Insurance (marine) – Subrogation – Settlement covering insured and uninsured losses – No allocation – Recovery from third party – Whether insurers entitled to subrogation rights over recovery.

[2022] Lloyd's Rep. IR Plus 5

BERKSHIRE ASSETS (WEST LONDON) LTD v AXA INSURANCE UK PLC

Insurance (contractors all risks and business interruption) – Duty of fair presentation – Non-disclosure of criminal charges – Whether charges were material circumstances – Inducement – Insurance Act 2015, sections 3 and 7.

[2022] Lloyd's Rep. IR Plus 6

ARCH INSURANCE (UK) LTD v MCCULLOUGH

Insurance (liability) – Claims clause – Condition precedent – Notification of circumstances that may give rise to a claim.

[2022] Lloyd's Rep. IR Plus 7

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE LTD

Insurance (liability) – Aggregation – Indemnity limited to all losses arising from one original cause – Two groups of patients subjected to misconduct by one surgeon – Whether one or two original causes.

[2022] Lloyd's Rep. IR Plus 9

CORBIN & KING LTD AND OTHERS v AXA INSURANCE UK PLC

Insurance (business interruption) – Covid-19 – Denial of access clause – Application of clause to pandemic – Causation – Composite policy – Limit of indemnity was aggregate or per premises.

[2022] Lloyd's Rep. IR Plus 10

BUTTAR CONSTRUCTION LTD v ARSHDEEP

Insurance (liability) – Interim payment – Claim brought against two tortfeasors – Insurers reserving rights – Whether interim payment should be ordered – Civil Procedure Rules 25.7(1).

[2022] Lloyd's Rep. IR Plus 15

THE POLICYHOLDERS SPECIFIED IN SCHEDULE 1 TO THE ARBITRATION AGREEMENT v CHINA TAIPING INSURANCE (UK) CO LTD

Insurance (business interruption) – Non-damage Denial of Access Extension – Whether Extension applied to diseases – Whether Extension covered national rather than local events – Whether acts of local authority included those of central government.

[2022] Lloyd's Rep. IR Plus 16

JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS

Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured’s failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty.

[2022] Lloyd's Rep. IR Plus 19

AIG EUROPE SA AND OTHERS v JOHN WOOD GROUP PLC AND ANOTHER CHUBB EUROPEAN GROUP SE v JOHN WOOD GROUP PLC AND ANOTHER ALLIED WORLD ASSURANCE CO (EUROPE) DAC v JOHN WOOD GROUP PLC AND ANOTHER

Insurance (liability) – Conflict of laws – Anti-suit injunction – Jurisdiction – Arbitration – Whether policies contained English jurisdiction clauses – Effect of incorporation – Senior Courts Act 1981, section 37.

[2022] Lloyd's Rep. IR Plus 22

AIG EUROPE SA AND OTHERS v JOHN WOOD GROUP PLC AND ANOTHER CHUBB EUROPEAN GROUP SE v JOHN WOOD GROUP PLC AND ANOTHER [2022] EWCA Civ 781

Insurance (liability) – Conflict of laws – Anti-suit injunction – Jurisdiction – Arbitration – Whether policies contained English jurisdiction clauses – Effect of incorporation – Senior Courts Act 1981, section 37.

[2022] Lloyd's Rep. IR Plus 23

COLLEY v MOTOR INSURERS’ BUREAU

Insurance (motor) – Compulsory policy – Insurers avoided policy after accident but before judgment against assured – Whether victim had claim against Motor Insurers’ Bureau – Road Traffic Act 1988, sections 151 and 152 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EU.

[2022] Lloyd's Rep. IR Plus 24