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LLR: Insurance & Reinsurance RSS feed

SILVERLINK RESORTS LTD v MS FIRST CAPITAL INSURANCE LTD

Arbitration – Stay of proceedings – Arbitration clause applying to all disputes – Jurisdiction clause applying to interpretation disputes – Whether judicial proceedings on interpretation should be stayed.

[2022] Lloyd's Rep. IR 47

HDI GLOBAL SPECIALTY SE AND ANOTHER v WONKANA NO 3 PTY LTD AND OTHERS

Insurance (business interruption) – Exclusion of cover for quarantinable diseases under Quarantine Act 1908 – Act repealed and replaced before insurance issued – Whether insurance to be construed as excluding diseases covered by the new legislation.

[2022] Lloyd's Rep. IR 67

RISTORANTE LTD (T/A BAR MASSIMO) v ZURICH INSURANCE PLC

Insurance (property) – Duty of fair presentation – Question relating to insolvency of directors and partners – No reference made to insolvency of insolvency of companies controlled by directors and partners – Whether question truthfully answered – Disclosure – Whether disclosure waived by insurers.

[2022] Lloyd's Rep. IR 109

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 130

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 137

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 219

SLEIGHT AND ANOTHER v BECKIA HOLDINGS LTD AND OTHERS

Insurance (property) – Earthquake damage – Builder nominated by insurers for repair work – Insurers paying for repairs – Repairs carried out defectively – Whether insurers liable to pay for remedial work – Utmost good faith – Contribution.

[2022] Lloyd's Rep. IR 238

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 275

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 288

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 – Whether limit of indemnity was aggregate or per claimant.

[2022] Lloyd's Rep. IR 299

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 329

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 343

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 411

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 431

PIRAEUS BANK AE v ANTARES UNDERWRITING LTD AND OTHERS

Insurance (marine) – Mortgagees’ interest insurance (MMI) – Vessel detained in Venezuela on suspicion of smuggling oil – Claim under war risks policy rejected – Whether MMI insurers were liable – Whether detention excluded from war risks policy – Whether vessel was a constructive total loss – Marine Insurance Act 1906, section 60 – Effect on MMI policy of excluded loss under war risks policy.

[2022] Lloyd's Rep. IR 441

LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN

Arbitration – Judgment entered in terms of arbitration award – Application to enforce later Spanish judgment in England – Whether earlier judgment prevented enforcement in England – Arbitration Act 1996, section 66 – Council Regulation (EC) No 44/2001 (Brussels I Regulation), articles 1, 27, 33 and 34.

[2022] Lloyd's Rep. IR 508

AVIVA INSURANCE LTD AND ANOTHER v SECRETARY OF STATE FOR WORK AND PENSIONS

Insurance (liability) – Obligation of liability insurers to repay state benefits received in respect of injuries – Application to long-tail exposure liabilities – Whether obligation contrary to human rights law – Social Security (Recovery of Benefits) Act 1997 – Bill of Rights 1688 – Human Rights Act 1998.

[2022] Lloyd's Rep. IR 519

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 542