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LLR: Insurance & Reinsurance RSS feed

CORBETT AND OTHERS v VERO INSURANCE NEW ZEALAND LTD

Insurance (contract works) – Windows scratched by subcontractors – Policy excluding any part of the contract works “defective in material or workmanship” – Distinction between “damage” and “defect”.

[2020] Lloyd's Rep. IR 63

MUNICH RE CAPITAL LTD v ASCOT CORPORATE NAME LTD

Reinsurance – Back-to-back cover – Duration of reinsurance – Period of cover for construction all risks policy extended – No extension of reinsurance – Whether reinsurance cover applied.

[2020] Lloyd's Rep. IR 115

MOORE v IAG NEW ZEALAND LTD

Insurance (property) – Aggregation – Whether consecutive earthquakes were a series of events or losses – Whether earthquakes had a common cause.

[2020] Lloyd's Rep. IR 167

R (ON THE APPLICATION OF CRITCHLEY) v FINANCIAL OMBUDSMAN SERVICE LTD: BANK OF SCOTLAND PLC (TRADING AS HALIFAX) (FIRST INTERESTED PARTY) THE FINANCIAL CONDUCT AUTHORITY (SECOND INTERESTED PARTY)

Insurance (payment protection insurance) – Allegation of mis-selling – Complaint dismissed by Financial Ombudsman Service – Judicial review – Whether Ombudsman decision perverse or irrational – Utmost good faith – Financial Services and Markets Act 2000, section 228(2) – Financial Conduct Authority Handbook DISP.

[2020] Lloyd's Rep. IR 176

WATSON v HEMINGWAY DESIGN LTD AND OTHERS

Insurance – Claims made in employment tribunal against insolvent employer – Whether tribunal having jurisdiction to determine the liability of the employer's insurers – Effect of arbitration clause – Third Parties (Rights Against Insurers) Act 2010, section 2.

[2020] Lloyd's Rep. IR 194

CARROLL v TAYLOR AND OTHERS

Insurance (motor) – Whether injuries arising out of use of motor vehicle – Claimant robbed and abandoned by taxi driver – Injured 45 minutes later – Road Traffic Act 1988, section 145 – European Communities (Rights Against Insurers) Regulations 2002.

[2020] Lloyd's Rep. IR 216

DANBOL PTY LTD v SWISS RE INTERNATIONAL SE

Insurance (property) – Held covered – Insurers offering temporary cover following termination of policy – Whether offer binding on insurers – Bilateral contract – Unilateral contract.

[2020] Lloyd's Rep. IR 229

PUTTA v ROYAL & SUN ALLIANCE INSURANCE PLC

Insurance (motor) – Hire of replacement vehicle – Entitlement of claimant to use credit hire – Whether claimant was impecunious – Basic hire rate.

[2020] Lloyd's Rep. IR 239

RUST-HACKNER AND OTHERS v NÜRNBERGER VERSICHERUNG AKTIENGESELLSCHAFT ÖSTERREICH: KL v UNIQA ÖSTERREICH VERSICHERUNGEN AG: LK v DONAU VERSICHERUNG AG VIENNA INSURANCE GROUP: MJ v ALLIANZ ELEMENTAR LEBENSVERSICHERUNGSAKTIENGESELLSCHAFT: NI v ALLIANZ ELEMENTAR LEBENSVERSICHERUNGSAKTIENGESELLSCHAFT

Insurance (life) – Cooling-off period – Running of time – Effect of insurers failing to provide accurate information as to right of cancellation in cooling off period – European Parliament and Council Directive 2009/138/EC (Solvency II).

[2020] Lloyd's Rep. IR 248

AB AND ANOTHER v TRANSFORM MEDICAL GROUP (CS) LTD AND ANOTHER

Insurance – Third-party rights – Defendant and insurers entering into settlement agreement for claims under policy – Defendant going into administration – Whether settlement agreement void for prejudicing rights of third-party claimants – Third Parties (Rights Against Insurers) Act 1930.

[2020] Lloyd's Rep. IR 265

ASPEN UNDERWRITING LTD AND OTHERS v CREDIT EUROPE BANK NV

Conflict of laws – Jurisdiction – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clause in policy – Whether binding on mortgagee bank – “Matters relating to insurance” – Insurance – Hull and machinery policy – Brussels Regulation Recast.

[2020] Lloyd's Rep. IR 274