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A P COOK v FINANCIAL INSURANCE COMPANY LTD

[1999] Lloyd's Rep IR 1

Insurance (disability) - Plaintiff consulted general practitioner - Plaintiff referred to consultant - Diagnosis of angina - Policy exclusion for advice, treatment or counselling in year preceding policy - Policy taken out prior to diagnosis - Whether exclusion covered undiagnosed symptoms.

J ROTHSCHILD ASSURANCE PLC v JOHN ROBERT COLLYEAR

[1999] Lloyd's Rep IR 6

Insurance (professional indemnity) - Claims made policies - Assureds reviewing selling of pensions and compensating investors in cases of mis-selling - General notice of review given to underwriters - Whether notice of review constituted valid notification under the policies - Whether underwriters able to rely upon non-disclosure of earlier circumstances which could have been notified under earlier policies - Whether claims within the policies had been made against the assureds - Whether underwriters liable for costs of review of pensions selling.

MIGHELL v READING EVANS v MOTOR INSURERS BUREAU WHITE v WHITE

[1999] Lloyd's Rep IR 30

Insurance (motor) - EC Second Motor Insurance Directive, 84/5/EEC - Motor Insurers Bureau Agreements - Whether exclusion from Uninsured Drivers’ Agreement for persons who knew or ought to have known of lack of insurance was consistent with the Directive - Whether Untraced Drivers’ Agreement required payment of interest - Effect of breach of Directives - Whether MIB an emanation of the state

FIRST NATIONAL COMMERCIAL BANK PLC v BARNET DEVANNEY (HARROW) LTD

[1999] Lloyd's Rep IR 43

Insurance (fire policy) - Co-insurance for benefit of mortgagor and mortgagee - Non-disclosure, misrepresentation and breach of condition by mortgagor - Insurers avoid policy as against both mortgagor and mortgagee - Whether broker negligent in failing to add a severance clause to policy - Whether broker’s failure caused loss to mortgagee - Whether contingency policy obtained by mortgagee was to be taken into account in assessing damages.

NEW HAMPSHIRE INSURANCE COMPANY AND OTHERS v PHILIPS ELECTRONICS NORTH AMERICA CORPORATION (NO 1)

[1999] Lloyd's Rep IR 58

Insurance (comprehensive crime) - Losses allegedly occurring in Illinois - Policies governed by English law - Insurers seek negative declaratory relief in England on proper construction of the policy - Principles on which relief should be granted.

NEW HAMPSHIRE INSURANCE COMPANY AND OTHERS v PHILIPS ELECTRONICS NORTH AMERICA CORPORATION (NO 2)

[1999] Lloyd's Rep IR 66

Insurance (comprehensive crime) - Whether loss of intangibles amounted to loss of “other goods” - Whether supply of defective goods amounted to loss of those goods - Whether obligation to replace defective goods amounted to loss of the replacement goods - Whether bonuses obtained fraudulently had been earned in the ordinary course of employment - Meaning of “manifest intent” on behalf of fraudulent employee.

LAMBERT v KEYMOOD LTD

[1999] Lloyd's Rep IR 80

Insurance (property) - Landlord and tenant - Property damaged by fire by negligence of tenants - Action for damages by landlord - Whether landlord obliged to insure premises on behalf of the tenants as well as himself - Whether policy would have contained precautions clause - Whether tenants had been reckless in setting bonfire - Whether landlord contributorily negligent by not passing on insurers’ warnings to tenants.

BALTIC INSURANCE GROUP v JORDAN GRAND PRIX LTD AND OTHERS BALTIC INSURANCE GROUP v QUAY FINANCIAL SOFTWARE AND OTHERS

[1999] Lloyd's Rep IR 93

Contingency insurance - Brussels Convention 1968, Section 3 - Action by assured on policy - Counterclaim by insurers for fraud and avoidance of policy - Whether counterclaim a matter relating to insurance - Whether insurers domiciled outside EC bound by Section 3 - Whether Brussels Convention, Art 1 allows counterclaim against a person domiciled in a different Contracting State - Whether reference should be made to European Court of Justice.

MCDONNELL INFORMATION SYSTEMS LTD v SWINBANK AND OTHERS

[1999] Lloyd's Rep IR 98

Professional indemnity insurance - Operative clause applying to allegations against the assured - Cover for negligence and for fraud - Fraud exclusion where assured could reasonably have discovered fraud - Compromise agreement entered into by assured - Whether policy responded to allegations or whether proximate cause of loss leading to settlement had to be demonstrated.

BRITISH TELECOMMUNICATIONS PLC v JAMES THOMSON AND SONS (ENGINEERS) LTD (SCOTLAND)

[1999] Lloyd's Rep IR 105

Construction insurance - Contractor obliged to indemnify employer subject to employer’s duty to insure on behalf of himself and contractor - Benefit of insurance and subrogation waiver to extend to nominated sub-contractor - Whether domestic sub-contractor owed duty of care to employer - Whether duty of care removed by insurance arrangements.

SPRUNG v ROYAL INSURANCE (UK) LTD

[1999] Lloyd's Rep IR 111

Fire insurance - Insurers denying liability without investigating claim - Whether insurers under duty to accept liability within a reasonable time - Whether damages available for breach of any duty - Whether insurers able to plead lack of consent to repairs where liability is not accepted.

PRIDE VALLEY FOODS LTD v INDEPENDENT INSURANCE CO LTD AND LOMBARD GENERAL INSURANCE CO LTD

[1999] Lloyd's Rep IR 120

Business interruption insurance - Insurers failed to accept liability - Claim for consequential damages by assured - Whether claim should be struck out.

CITIBANK NA ANTON PILLER (UK) LTD THAMES ENVIRONMENTAL SERVICES LTD v EXCESS INSURANCE COMPANY LTD (t/a ITT LONDON AND EDINBURGH)

[1999] Lloyd's Rep IR 122

Insurance (professional indemnity) - Whether indemnity limit in operative clause excluded assured’s own defence costs - Whether operative clause applied per claim or occurrence - Whether insurers should be joined to action - Claim by plaintiff for costs to be paid by defendant’s insurers - Whether discretion under Supreme Court Act 1981, section 51 should be exercised against insurers - Whether delay defeated claim.

BRISTOL AND WEST PLC v BHADRESA BRISTOL AND WEST PLC v MASCARENHAS

[1999] Lloyd's Rep IR 138

Insurance (professional indemnity) - Solicitors Indemnity Fund Ltd - SIFL withdrew cover following discovery of fraud by solicitors - Plaintiffs seeking order for costs under section 51 Supreme Court Act 1981, for period up to withdrawal of cover - Whether order ultra vires under Solicitors Indemnity Fund Rules - Whether SIFL representing that cover would be provided - Whether SIFL had acted unreasonably or with culpable delay - Whether mini-trial appropriate to determine section 51 application.

KUMAR v AGF INSURANCE LTD AND OTHERS

[1999] Lloyd's Rep IR 147

Insurance (professional indemnity) - Non-avoidance clause - Fraud by partner - Whether term to be implied excluding earlier claims - Whether insurers could rely on breach of warranty - Whether insurers could rely on misrepresentation.

SOCIETY OF LLOYD’S v FRASER

[1999] Lloyd's Rep IR 156

Lloyd’s - Action for summary judgment for pre-qjmiums due under Reconstruction and Renewal - No set-off clause - Whether abuse of process for Names to argue fraud - Whether Canadian securities legislation provided defence - Whether EC Insurance Directives provided defence.

SOCIETY OF LLOYD’S v JAFFRAY

[1999] Lloyd's Rep IR 182

Lloyd’s - Orders for costs made against Names in summary proceedings for recovery of Equitas premium - Claims and counterclaims by Names for fraud - Application for stay of proceedings until costs paid - Whether Names required to discharge earlier orders for costs.

ROHAN INVESTMENTS LTD v CUNNINGHAM AND OTHER MEMBERS OF SYNDICATE 877 AT LLOYD’S (t/a CRITERION INSURANCE SERVICES)

[1999] Lloyd's Rep IR 190

Insurance (householders’ policy) - Policy covering loss caused by flood - Heavy rainfall leading to ingress of water - Whether damage caused by flood.

FIGRE LTD v MANDER

[1999] Lloyd's Rep IR 193

Reinsurance (retrocession) - Premium not paid on due date - Plaintiff mistakenly believed that premium had been paid - Delay due to oversight and error - Whether non-payment amounted to repudiation of retrocession agreement.

GLOUCESTERSHIRE HEALTH AUTHORITY EAST GLOUCESTERSHIRE NATIONAL HEALTH SERVICE TRUST SEVERN NATIONAL HEALTH SERVICE TRUST v M A TORPY AND PARTNERS LTD (t/a TORPY AND PARTNERS) ASSICURAZIONI GENERALI SPA QBE LONDON LE ASSICURAZIONI D’ITALIA SPA ROYAL INSURANCE (UK) LTD SUN ALLIANCE AND LONDON INSURANCE PLC

[1999] Lloyd's Rep IR 203

Insurance (professional indemnity) - Insurers supporting defendant in action brought by plaintiffs - Plaintiffs given judgment with costs - Whether limit of indemnity in insurance policy exclusive of costs - Whether insurers should be joined to action under RSC Order 62 - Whether court had jurisdiction to make fresh order for costs against insurers - Whether discretion under Supreme Court Act 1981, section 51 should be exercised against insurers.

GALLOWAY v GUARDIAN ROYAL EXCHANGE (UK) LTD

[1999] Lloyd's Rep IR 209

Insurance (householders’ policy) - Non-disclosure of conviction for obtaining property by deception - Whether offence of fraud - Claim for property not lost - Whether continuing duty of utmost good faith - Whether absence of express claims clause restricted insurers’ rights - Whether fraud in part of claim tainted entirety of claim.

FISHER AND OTHERS v UNIONE ITALIANA DE RIASSICURAZIONE SPA

[1999] Lloyd's Rep IR 215

Reinsurance (retrocession) - Brussels Convention 1968, Art 5.1 - Alleged breach of retention warranty by retrocedant - Retrocessionaires seeking declaratory relief in England - Retrocedant domiciled in Italy - Whether “obligation in question” retrocessionaire’s obligation to pay or retrocedant’s obligation to retain part of risk.

AIG EUROPE (UK) LTD v ANONYMOUS GREEK COMPANY OF GENERAL INSURANCES THE ETHNIKI

[1999] Lloyd's Rep IR 221

Reinsurance - Brussels Convention 1968, Arts 5.1 and 17 - Alleged breach of Claims Control Clause - Other claims made against reinsured - Reinsurers seeking declaratory relief in England - Reinsured domiciled in Greece - Determination of primary “obligation in question” - Place of performance of obligation in question - Whether claims could be fragmented between different courts - Whether jurisdiction clause in original policy incorporated into reinsurance agreement.

GAN INSURANCE CO LTD AND EAGLE STAR INSURANCE CO LTD v TAI PING INSURANCE CO LTD ROYAL REINSURANCE CO LTD v CENTRAL INSURANCE CO LTD

[1999] Lloyd's Rep IR 229

Reinsurance - Negative relief - RSC Order 11, rule 1(1)(d) - Jurisdiction of English court to give leave for service abroad in reinsurers’ action - Whether reinsurance contracts impliedly governed by English law under Rome Convention 1980 - Whether negative relief appropriate - Whether England appropriate forum for determination of disputes.

SHARP v PEREIRA AND MOTOR INSURERS’ BUREAU

[1999] Lloyd's Rep IR 242

Insurance (motor) - Motor Insurers’ Bureau - Uninsured Drivers’ Agreement 1988 - RSC Order 29, rule 11 - Whether victim of uninsured driver able to claim interim payment from MIB.

NATIONAL INSURANCE AND GUARANTEE CORPORATION v IMPERIO REINSURANCE CO (UK) LTD RUSSELL TUDOR-PRICE & CO

[1999] Lloyd's Rep IR 249

Broker - Reinsurance - Whether instructions given to broker were adequate - Reinsured accepting wording obtained by broker - Possibility of defences of waiver, estoppel and ratification - Whether reinsured contributorily negligent.

NORWICH UNION LIFE INSURANCE SOCIETY v QURESHI AND QURESHI NORWICH UNION LIFE AND PENSIONS LTD v QURESHI AND QURESHI HEATH CONSULTING CO LTD (THIRD PARTY)

[1999] Lloyd's Rep IR 263

Property Backed Guarantee Plan for Lloyd’s Name - Life insurance, mortgage and guarantee - Guarantor paying Name’s debt to Lloyd’s under guarantee - Name in default of payments under Plan - Claim by guarantor for sums owing - Whether guarantor owed duty of disclosure as to financial position at Lloyd’s to Name - Effect of Financial Services Act 1986, section 47 - Whether Plan unconscionable - Remedies available for breach of duty to disclose.

ALDRICH, DAY, CIVARDI AND BIGGS v NORWICH UNION LIFE INSURANCE CO LTD

[1999] Lloyd's Rep IR 276

Guarantee Plans for Lloyd’s Name - Life insurance, mortgage and guarantee - Guarantor paying Name’s debt to Lloyd’s under guarantee - Whether Financial Services Act 1986, section 47 gave rise to action for damages - Whether a contract made following breach of section 47 was tainted by illegality and unenforceable - Whether Plan unconscionable.

DSG RETAIL LTD v QBE INTERNATIONAL INSURANCE LTD ROYAL LONDON GENERAL INSURANCE CO LTD RELIANCE NATIONAL INSURANCE CO LEXINGTON INSURANCE CO SIRIUS (UK) INSURANCE PLC

[1999] Lloyd's Rep IR 283

Insurance (promotional) - Promotion organisers and travel agents insured under same contract - Whether insurance composite or contingent - Whether proposal form and supporting documents submitted by both parties - Whether basis of contract clause restricted by brokers’ standard terms.

CNA INTERNATIONAL REINSURANCE CO LTD DANIEL GEORGE BURNS RELIANCE NATIONAL INSURANCE CO (UK) LTD COMMERCIAL UNION ASSURANCES SA COMPAGNIE D’ASSURANCES MARITIMES v COMPANHIA DE SEGUROS TRANQUILIDADE SA

[1999] Lloyd's Rep IR 289

Insurance (contingency) - Policy against risk of cancellation of concerts - Policy purporting to incorporate standard liability wording and Lloyd’s wording - Whether liability wording incorporated - Effect of incorporation of Lloyd’s wording - Reinsurance - Meaning of interest clause - Whether conditions precedent of original insurance incorporated into reinsurance.

STINTON (CHRISTOPHER BRIAN) v STINTON (LESLIE) THE MOTOR INSURERS’ BUREAU

[1999] Lloyd's Rep IR 305

Motor insurance - Driver drunk and uninsured - Passenger suffering personal injuries in accident - Motor Insurers’ Bureau Uninsured Drivers Agreement 1972 - Whether passenger guilty of contributory negligence - Whether due notice of proceedings against driver given to MIB under cl 5 of MIB Agreement - Whether passenger “using” the car under exception to MIB Agreement in cl 6(1)(c) - Whether passenger knew or had reason to believe that car was uninsured.

HATTON (DAVID ANTHONY) v HALL (MARK ROBERT) THE MOTOR INSURERS’ BUREAU

[1999] Lloyd's Rep IR 313

Motor insurance - Driver drunk and uninsured - Passenger suffering personal injuries in accident - Motor Insurers’ Bureau Uninsured Drivers Agreement 1972 - Whether passenger “using” the motorcycle under exception to MIB Agreement in cl 6(1)(c) - Whether passenger knew or had reason to believe that the motorcycle was uninsured.

O’MAHONY (LUCY MARIA GRETTA) v JOLIFFE (THOMAS ANTHONY) THE MOTOR INSURERS’ BUREAU

[1999] Lloyd's Rep IR 321

Motor insurance - Driver drunk and uninsured - Passenger suffering personal injuries in accident - Motor Insurers’ Bureau Uninsured Drivers Agreement 1972 - Whether passenger “using” the motorcycle under exception to MIB Agreement in cl 6(1)(c).

SOCIETY OF LLOYD’S v ROBINSON

[1999] Lloyd's Rep IR 329

Lloyd’s - Premium Trust Deed - Names obtaining damages in litigation against Lloyd’s agents - Whether damages for negligent underwriting fell within Premium Trust Deed - Whether damages for negligent syndicate selection fell within Premium Trust Deed - Whether damages for negligent advice on stop loss insurance fell within Premium Trust Deed - Whether amendments to Premium Trust Deed validly made.

CASE C-351/96 DROUOT ASSURANCES SA v CONSOLIDATED METALLURGICAL INDUSTRIES (CMI INDUSTRIAL SITES) PROTEA ASSURANCE GROUPEMENT D’INTÉRÊT ECONOMIQUE (GIE) RÉUNION EUROPÉENNE

[1999] Lloyd's Rep IR 338

Brussels Convention 1968, Art 21 - Lis alibis pendens - Hull insurer seeking declaration in Rotterdam as to non-liability for general average - Cargo owner not party to Rotterdam action - Cargo insurer commencing proceedings in Paris against Hull insurer for general average contribution - Whether Paris court required to stay proceedings - Whether parties to Paris action were “same parties” to Rotterdam action.

SIRIUS INTERNATIONAL INSURANCE CORPORATION AND ORS v ORIENTAL ASSURANCE CORPORATION

[1999] Lloyd's Rep IR 343

Reinsurance - Direct fire policy on contents of warehouse - Risk reinsured - Misrepresentation - Information provided by producing brokers and passed on to reinsurers - Whether false statement made to reinsurers as to existence of hydrants and sprinkler system - Meaning of “hydrant” - Whether hydrants and sprinkler system had to be operative - Whether coverage for leakage implied promise that sprinkler system existed.

SEA VOYAGER MARITIME INC NAVIHOUSE SA EVERLENDS SHIPPING CO LTD v BIELECKI

[1999] Lloyd's Rep IR 356

Third Parties (Rights Against Insurers) Act 1930 - Insolvency Act 1986, section 262 - Insured entering into individual voluntary arrangement - Whether claimant against insured bound by IVA - Whether IVA prevented claimant from proceeding against insured and losing rights under 1930 Act - Whether claimant unfairly prejudiced by IVA.

KINGSCROFT INSURANCE CO LTD WALBROOK INSURANCE CO LTD EL PASO INSURANCE CO LTD LIME STREET INSURANCE CO LTD MUTUAL REINSURANCE CO LTD BRYANSTONE INSURANCE CO LTD WINTERTHUR SWISS INSURANCE CO BERMUDA FIRE & MARINE INSURANCE CO LTD CITY INSURANCE CO ST PAUL INTERNATIONAL INSURANCE CO LTD COMPAGNIE EUROPEENE D’ASSURANCES INDUSTRIELLES SA LUDGATE INSURANCE CO LTD v THE NISSAN FIRE & MARINE INSURANCE CO LTD

[1999] Lloyd's Rep IR 371

Insurance pool - Underwriting agent placing reinsurance for pool - Allegations of fraud against three directors of underwriting agent - Whether innocent directors knew of fraud - Whether knowledge of innocent directors imputed to pool members.

RE GREAT WESTERN ASSURANCE CO SA AND ORS

[1999] Lloyd's Rep IR 377

Winding up petition under Insolvency Act 1986, section 124A - Whether offshore insurers carrying on insurance business in the United Kingdom without authorisation - Whether intermediaries carried on insurance business for authorisation purposes - Whether appropriate to wind up offshore insurers and intermediaries.

D G FINANCE LTD v SCOTT EAGLE STAR INSURANCE

[1999] Lloyd's Rep IR 387

Insurance (theft) - Trailer insured by hirer - Hiring contract contracting obligation to insure - Whether hirer held policy as trustee or fiduciary - Whether owners could obtain declaration as to insurer’s liability under the policy to hirer.

WURTTEMBERGISCHE AKTIENGESELLSCHAFT VERSICHERUNGS-BETEILI GUNGSESELLSCHAFT (FORMERLY WURTTEMBERGISCHE FEUERVERSICHERUNG AG WURTTEMBERGISCHE VERSICHERUNG AG) v HOME INSURANCE CO (NO 3)

[1999] Lloyd's Rep IR 397

Reinsurance - Agreement reinsuring insurance pool member - Pool agreement imposing additional liability on remaining pool members in event of insolvency of any member - Whether reinsurance agreement covered increased liability of pool member.

PANGOOD LTD v BARCLAY BROWN & CO LTD BRADSTOCK BLUNT & THOMPSON LTD (THIRD PARTY)

[1999] Lloyd's Rep IR 405

Insurance (fire) - Producing brokers requesting quote from placing brokers - Quote including auditorium warranty - Whether placing brokers under duty to inform assured (or producing brokers) of existence and nature of auditorium warranty - Whether placing brokers under duty to obtain policy document.

J KIRKALDY & SONS LTD v WALKER

[1999] Lloyd's Rep IR 410

Insurance (marine) - Dry dock - Underwriters requiring condition survey and towage fitness survey - Surveyor carrying out only towage fitness survey - Meaning of condition survey - Whether breach of warranty - Whether towage fitness survey carried out - Whether underwriters waived breach of duty - Whether leak in dry dock a material fact.

SANGER (BENJAMIN) APTER (HILLEL) (t/a S A JEWELS) v BEAZLEY (ANDREW FREDERICK) (ON BEHALF OF HIMSELF AND THE MEMBERS OF SYNDICATE 623 AT LLOYD’S AND ALL OTHER SUBSCRIBING UNDERWRITERS)

[1999] Lloyd's Rep IR 424

Insurance (goods in transit) - Exclusion where goods stolen from motor vehicle left unattended - Jewellery stolen from motor vehicle while parked at garage - Whether motor vehicle left unattended.

A S SCREENPRINT LTD v BRITISH RESERVE INSURANCE CO LTD

[1999] Lloyd's Rep IR 430

Insurance (product liability) - Insurers to indemnify insured against all sums which the insurers shall become legally liable to pay - Whether insuring clause - Whether liability extended to loss of profits claim against insured.

O & R JEWELLERS LTD v TERRY (MICHAEL JOHN) JARDINE INSURANCE BROKERS LTD

[1999] Lloyd's Rep IR 436

Insurance (jewellers block policy) - Insurers entitled to avoid policy - Whether brokers under duty to advise of criminal convictions - Whether brokers in breach of duty to pass information to insurers - Whether breaches of duty by brokers caused loss.

ALDRICH, DAY, CIVARDI AND GIBBS v NORWICH UNION LIFE INSURANCE COMPANY LTD (FORMERLY NORWICH UNION LIFE INSURANCE SOCIETY) NORWICH UNION LIFE INSURANCE SOCIETY v QURESHI AND QURESHI HEATH CONSULTING CO LTD (THIRD PARTY)

[1999] Lloyd's Rep IR 453

Property Backed Guarantee Plan for Lloyd’s Names - Life insurance, mortgage and guarantee - Guarantor paying Names’ debts to Lloyd’s under guarantee - Name in default of mortgage and premium payments under Plan - Whether mortgage enforceable - Whether guarantor owed duty of disclosure as to financial position at Lloyd’s - Whether Financial Services Act 1986, section 47 rendered Plan unenforceable or illegal - Whether Plan unconscionable - Whether guarantee void for fraud.

FNCB LTD (FORMERLY FIRST NATIONAL COMMERCIAL BANK PLC) v BARNET DEVANNEY (HARROW) LTD

[1999] Lloyd's Rep IR 459

Insurance (Fire policy) - Co-insurance for benefit of mortgagor and mortgagee - Non-disclosure, misrepresentation and breach of condition by mortgagor - Insurers purport to avoid policy against both mortgagor and mortgagee - Settlement between mortgagee and insurers - Whether brokers in breach of duty to mortgagee by failing to include a policy term protecting mortgagee’s interests - Whether breach of duty caused any loss - Whether contingency policy obtained by mortgagee to be taken into account in assessing damages.

GAN INSURANCE CO LTD AND EAGLE STAR INSURANCE CO LTD v TAI PING INSURANCE CO LTD

[1999] Lloyd's Rep IR 472

Reinsurance - Negative relief - RSC Order 11, rule 1(1)(d) - Jurisdiction of court to give leave for service abroad in reinsurers’ action - Whether reinsurance contracts governed by English law - Rome Convention 1980 - Whether England appropriate forum for determination of disputes.

GARROW v SOCIETY OF LLOYD’S

[1999] Lloyd's Rep IR 482

Lloyd’s - Name owing sums to Equitas for reinsurance premium - “Pay now sue later” clause - Name bringing claim for fraud - Whether statutory demand served on Name for reinsurance premium should be set aside.

McALLISTER (STEPHEN) AND McALLISTER (CHRISTINE) v SOCIETY OF LLOYD’S

[1999] Lloyd's Rep IR 487

Lloyd’s - Application to Hardship Committee by Names - Names signing Reconstruction and Renewal Settlement Offer and Finality Statement - Negotiations to enter into Hardship Agreement - Negotiations broken off by Lloyd’s - Whether Names pressurised to enter into Settlement Agreement - Whether Lloyd’s entitled to withdraw from negotiations - Whether Lloyd’s under binding obligation to use best endeavours or not to frustrate the making of a Hardship Agreement.

RODAN INTERNATIONAL LTD v COMMERCIAL UNION ASSURANCE COMPANY PLC

[1999] Lloyd's Rep IR 495

Insurance (product liability) - Soap powder defective - Staining caused to cartons and soap powder caking - Suppliers liable to purchasers for loss of market value, additional expenditure, wasted expenditure and loss of profits - Whether heads of liability within primary cover of policy - Meaning of “Occurrence” - Whether Special Condition in policy excluded loss of market value and additional expenditure.

UNIPAC (SCOTLAND) LTD v AEGON INSURANCE COMPANY (UK) LTD

[1999] Lloyd's Rep IR 502

Insurance (fire) - Basis of the contract clause - Declaration stating that proposer had not misstated or suppressed material facts - Whether warranty was qualified and confined to material facts - Whether declaration that answers were given to best of proposer’s knowledge and belief could be a warranty.

KOREA FOREIGN INSURANCE COMPANY v OMNE RE SA

[1999] Lloyd's Rep IR 509

Reinsurance - Commutation and compromise agreement - Reinsurers defaulting in payments under compromise agreement - Agreement providing that in event of default it would be “null and void” - Whether reinsureds had option to continue to rely on compromise agreement after reinsurers’ default - Whether reinsureds acted correctly in seeking judgment in default while appeal against refusal of extension of time to serve defence was outstanding.

MDIS LTD (FORMERLY McDONNELL INFORMATION SYSTEMS LTD) v SWINBANK LONDON & EDINBURGH INSURANCE CO LTD AEGON INSURANCE CO (UK) LTD

[1999] Lloyd's Rep IR 516

Insurance (professional indemnity) - Operative clause applying to allegations against the assured - Cover for negligence and fraud - Dishonesty exclusion where assured could reasonably have discovered dishonesty on the part of employees - Compromise agreement entered into by assured - Whether policy responded to allegations of whether proximate cause of loss leading to settlement had to be demonstrated.

TSB BANK PLC v ROBERT IRVING AND BURNS COLONIA BALTICA INSURANCE LTD (THIRD PARTY)

[1999] Lloyd's Rep IR 528

Insurance (professional indemnity) - Insurer appointing solicitors - Solicitors acting jointly for insurer and insured - Whether information obtained by solicitors from insured for defence of third party proceedings privileged against insurers - Implied waiver of privilege - Whether waiver brought to an end by conflict of interest.

PRINTPAK v AGF INSURANCE LTD

[1999] Lloyd's Rep IR 542

Insurance (commercial inclusive policy) - Premises damaged by fire - Assured in breach of warranty as to burglar alarms - Policy in sections - Whether warranty applied to all sections - Marine Insurance Act 1906, section 33.

RE FRIENDS PROVIDENT LIFE OFFICE

[1999] Lloyd's Rep IR 547

Insurance companies - Reinsurer and reinsured in same corporate group - Reinsurer surrendering reinsurance agreement to reinsured - Whether amounting to transfer of insurance business under Insurance Companies Act 1982, Sched 2C - Whether reinsurance is insurance - Whether approval of court should be given.

DUNTHORNE v BENTLEY AND ORS

[1999] Lloyd's Rep IR 560

Insurance (motor vehicle) - Pedestrian running into road - Driver injured - Pedestrian’s car broken down - Whether driver’s injuries arising out of use of car by pedestrian - Road Traffic Act 1988, ss 145(3)(a), 151.

COVEN SPA v HONG KONG CHINESE INSURANCE CO

[1999] Lloyd's Rep IR 565

Insurance (marine cargo) - Institute Commodity Trade Clauses (A) - Policy covering all risks including shortage in weight - Weighing error on shipment - No physical loss of goods - Whether paper loss recoverable or whether physical damage required.

COMPANHIA DE SEGUROS IMPERIO v HEATH (REBX) LTD (FORMERLY C E HEATH & CO (AMERICA) LTD

[1999] Lloyd's Rep IR 571

Reinsurance pool - Binding authority given to underwriting agent - Pool member used as front - Allegation that underwriting agent was liable for breach of contract, tort and breach of fiduciary duty in singling out pool member for use as front - Whether claim time-barred - Limitation Act 1980, sections 2, 5 and 36 - Whether fraud or deliberate concealment postponed running of time - Limitation Act 1980, section 32 - Whether underwriting agent impliedly agreed to indemnify pool member.

KAZAKSTAN WOOL PROCESSORS (EUROPE) LTD v NEDERLANDSCHE CREDIETVERZEKERING MAATSCHAPPIJ NV

[1999] Lloyd's Rep IR 596

Insurance (credit) - Insured ceasing to trade and failing to submit trading declaration - Insured in breach of obligation to pay premium - Policy rendering due performance and payment by insured conditions precedent to insurer’s liability - Insurers having right to terminate policy and all liability under it - Whether condition precedent applied to all claims or claims to which breach related - Whether insurers able to avoid liability for claims arising out of events occurring prior to notice of termination.

KINGSCROFT INSURANCE COMPANY LTD WALBROOK INSURANCE COMPANY LTD EL PASO INSURANCE COMPANY LTD LIME STREET INSURANCE COMPANY LTD MUTUAL REINSURANCE COMPANY LTD BRYANSTON INSURANCE COMPANY LTD WINTERTHUR SWISS INSURANCE COMPANY LTD BERMUDA FIRE & MARINE INSURANCE COMPANY LTD CITY INSURANCE COMPANY ST PAUL INTERNATIONAL INSURANCE COMPANY LTD COMPAGNIE EUROPEENNE D’ASSURANCES INDUSTRIELLES SA LUDGATE INSURANCE COMPANY LTD v NISSAN FIRE & MARINE INSURANCE COMPANY LTD (No 2)

[1999] Lloyd's Rep IR 603

Reinsurance - Facility quota share treaties reinsuring reinsurance pool - Pool consisting of stamp companies and other members acting as whole account quota share reinsurers - Whether companies later joining pool were parties to reinsurance - Whether pool entitled to enter into excess of loss reinsurance contracts in respect of retention - Whether treaties covered all pool members or only stamp companies - Whether misrepresentation or non-disclosure as to retention - Effect of service of provisional notice of cancellation - Whether misrepresentation as to use of over-rider by reinsured - Whether treaties should be rectified.

LLR: Insurance & Reinsurance