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BANKERS INSURANCE CO LTD v PATRICK SOUTH MARK IAN GARDNER [2003] EWHC 380 (QB)

[2004] Lloyd's Rep IR 1

Insurance (travel) - Exclusion for liability arising from possession of motorised waterborne craft - Whether exclusion extended to jet ski - Whether exclusion expressed in plain, intelligible language - Whether exclusion unfair - Whether claims notification and co-operation conditions were conditions precedent to insurer’s liability - Whether conditions unfair - Unfair Terms in Consumer Contracts Regulations 1994.

MABEY & JOHNSON LTD v ECCLESIASTICAL INSURANCE OFFICE PLC (NO 2) [2003] EWHC 1523 (Comm)

[2004] Lloyd's Rep IR 10

Insurance (professional indemnity) - Claims made policy - Limit of indemnity applicable to each and every claim made against the insured - Policy extension covering cost of correcting defects - Bridges supplied by insured found to suffer from design defects - Costs incurred in correcting defects - Whether one claim or two claims - Whether one or two contracts of supply - Whether one or two incidents of negligence.

MIDLAND MAINLINE LTD CENTRAL TRAINS LTD GATWICK EXPRESS LTD SCOTRAIL RAILWAYS LTD SILVERLINK TRAIN SERVICES LTD v COMMERCIAL UNION ASSURANCE CO LTD ST PAUL INTERNATIONAL INSURANCE CO LTD EAGLE STAR INSURANCE CO LTD LONDON & EDINBURGH INSURANCE CO LTD NORWICH UNION INSURANCE CO PLC WAGN RAILWAY LTD C2C RAIL LTD WALES & WEST PASSENGER TRAINS LTD v ST PAUL INTERNATIONAL INSURANCE COMPANY LTD

[2004] Lloyd's Rep IR 22

Insurance (physical damage and business interruption) - Restrictions imposed on railway network following Hatfield crash - Denial of Access extension in policies - Whether denial of access was an “occurrence” - Meaning of exclusion for inherent vice - Meaning of inherent vice - Whether inherent vice was the proximate cause of loss - Aggregation of losses for purposes of deductible clause - Effect of Special Conditions on cover.

SIRIUS INTERNATIONAL INSURANCE CORPORATION v FAI GENERAL INSURANCE CO LTD [2003] EWCA Civ 470

[2004] Lloyd's Rep IR 47

Reinsurance - Reinsurer fronting for retrocessionaire - Letter of credit opened by retrocessionaire - Reinsurer not to draw down without retrocessionaire’s consent - Retrocessionaire going into liquidation - Tomlin order acknowledging indebtedness of retrocessionaire to reinsurer - Whether proceeds of letter of credit belonged to retrocessionaire or to reinsurer - Whether terms of letter of credit broken.

SUN LIFE ASSURANCE CO OF CANADA v CX REINSURANCE CO LTD [2003] EWCA Civ 283

[2004] Lloyd's Rep IR 58

Reinsurance - Agreement - Arbitration clause - Parties agreeing to be bound by terms of Management and Administration Agreement - Treaty wording drafted but not executed by reinsurers - Addendum to treaty wording agreed but not executed by reinsurers - Whether terms of treaty/addendum binding on parties - Whether arbitration clause in treaty/addendum binding on parties - Stay of proceedings - Arbitration Act 1996, s 9.

WALTON v AIRTOURS PLC SUN LIFE ASSURANCE CO OF CANADA [2002] EWCA Civ 1659

[2004] Lloyd's Rep IR 69

Insurance (permanent health) - Policy issued to employer - Benefits to be paid under policy if employee unable to follow any occupation - Meaning of phrase “follow any occupation” - Whether extended to part-time work - Whether employee unable to follow any occupation.

CAPE PLC v IRON TRADES EMPLOYERS INSURANCE ASSOCIATION LTD

[2004] Lloyd's Rep IR 75

Insurance (employers’ liability) - Policy excluding liability for pneumoconiosis - Whether exclusion covered liability for mesothelioma - Whether policy should be rectified to exclude mesothelioma - Whether rectification claim barred by laches - Whether claimants had failed to disclose material facts - Affirmation and waiver.

T&N LTD v ROYAL & SUN ALLIANCE PLC [2002] EWHC 2420 (Ch)

[2004] Lloyd's Rep IR 102

Insurance (employers’ liability) - Market settlement agreement of asbestos claims - Arbitration clause in settlement agreement - Action by insured under policy - Whether action should be stayed - Arbitration Act 1996, section 9.

T&N LTD v ROYAL & SUN ALLIANCE PLC (No 2) [2003] EWHC 1016 (Ch)

[2004] Lloyd's Rep IR 106

Insurance - Employers’ liability - Asbestos claims - Scope of exclusion for pneumoconiosis - Whether applicable to mesothelioma - Policy term requiring insured to pay pneumoconiosis claims - Whether amounting to condition or exclusion - Scope of release agreement - Whether applicable to shareholders of insurers benefiting from release - Subrogation - Third Parties (Rights against Insurers) Act 1930 - Meaning of “liability insurance” for purposes of 1930 Act - Whether purpose trust of policy moneys.

EVIALIS SA v SIAT [2003] EWHC 863 (Comm)

[2004] Lloyd's Rep IR 187

Insurance - Conflict of laws - Jurisdiction - Open cover containing jurisdiction clause nominating Italian courts - Certificate of insurance issued under open cover containing service of suit clause nominating England - Proceedings commenced by insurers in Italy - Subsequent proceedings by insured in England - Whether two documents to be read together - Law applicable to open cover and certificate of insurance - Whether exclusive jurisdiction clause in favour of England or Italy - Whether English proceedings should be stayed - Whether English and Italian proceeding were related - Anti-suit injunction - Brussels Regulation 2001, articles 23, 27 and 28.

IF P & C INSURANCE LTD v SILVERSEA CRUISES LTD [2003] EWHC 473 (Comm)

[2004] Lloyd's Rep IR 217

Insurance (business interruption) - Cruise vessels insured against loss of income - Terrorist attacks on 11 September 2001 causing passengers to cancel cruises - Some voyages cancelled - Claim under policy - Whether loss of income caused by insured peril - Whether claim for anticipated loss of income subject to aggregation provision restricting assured to a single limit for losses - Whether claim for anticipated loss of income caused by terrorist activity or by US State Department warnings - Concurrent causes.

INTERNATIONAL MANAGEMENT GROUP (UK) LTD v SIMMONDS [2003] EWHC 177 (Comm)

[2004] Lloyd's Rep IR 247

Insurance (cancellation) - Cover for broadcasters of Sahara Cup cricket matches between India and Pakistan - Indian Government advising Indian Cricket Board to withdraw from matches - Coverage of policy - Whether warranty that insured would ensure that all necessary permits were obtained - Whether permission of Indian Government was a “permit” - Utmost good faith - Whether previous history of series involving India and Pakistan material - Inducement.

DRAKE INSURANCE PLC v PROVIDENT INSURANCE PLC [2003] EWCA Civ 1834

[2004] Lloyd's Rep IR 277

Insurance (motor) - Insured covered by two policies - Right of contribution - Whether insurer validly avoided policy - Whether insurer induced by non-disclosure of speeding conviction - Whether insurer under duty of utmost good faith in making avoidance decision - Waiver and reinstatement of policy - Contribution - Whether payment as volunteer - Marine Insurance Act 1906, sections 17 and 18 - Road Traffic Act 1988, section 151.

LAGDEN v O’CONNOR [2003] UKHL 64

[2004] Lloyd's Rep IR 315

Insurance (motor) - Damages - Credit hire - Motor vehicle accident - Claimant’s vehicle damaged - Claimant entering into credit hire agreement to obtain replacement vehicle pending repairs - Whether costs of credit hire agreement recoverable from negligent defendant driver.

R (ON THE APPLICATION OF GEOLOGISTICS LTD) v FINANCIAL SERVICES COMPENSATION SCHEME [2003] EWCA Civ 1905

[2004] Lloyd's Rep IR 336

Insurance - Protection of policyholders - Employers’ liability insurance - Employer becoming liable to employee - Insurer becoming insolvent - Claim for indemnification from Financial Services Compensation Scheme - Whether Scheme covered employer’s defence costs - Policyholders Protection Act 1975, section 6 - Employers’ Liability (Compulsory Insurance) Act 1969.

TOOMEY v BANCO VITALICIO DE ESPANA SA DE SEGUROS Y REASEGUROS [2003] EWHC 1102 (Comm)

[2004] Lloyd's Rep IR 354

Reinsurance - Direct policy against loss of television rights in event that Spanish football team was relegated from Spanish first division - Whether policy written on agreed value or subject to proof of loss - Identity of insured person under policy - Reinsurance of policy on full reinsurance basis - Content of full reinsurance clause - Whether clause a warranty as to compliance of direct policy with stated terms - Whether warranty in reinsurance relating to nature of underlying insurance.

CHARMAN v NEW CAP REINSURANCE CORPORATION LTD

[2004] Lloyd's Rep IR 373

Reinsurance - Three-year contract - Annual review clause allowing new premium to be charged in event of “exceptional claims development” - Construction of review clause - Method by which review clause could be invoked - Need for notice by reinsurers - Whether invalid notice given by reinsurers at end of first year was valid for final year.

EVANS v SECRETARY OF STATE FOR THE ENVIRONMENT, TRANSPORT AND THE REGIONS Case C-63/01

[2004] Lloyd's Rep IR 391

Insurance (motor) - Motor Insurers Bureau Untraced Drivers Agreement 1972 - EC’s Second Motor Insurance Directive - Whether Directive required Member States to award interest and costs to victim of uninsured driver - Whether Agreement provided appropriate right of appeal - Whether Directive could be implemented by use of non-statutory agreement with MIB.

GE REINSURANCE CORPORATION AND OTHERS v NEW HAMPSHIRE INSURANCE CO WILLIS LTD (PART 20 DEFENDANTS)

[2004] Lloyd's Rep IR 404

Reinsurance - Film finance - Fronting - Reinsurance agreement containing warranty - No equivalent warranty in direct insurance - Reinsurance stated to be as original - Whether reinsurance warranty enforceable - Liability of brokers.

NAVIGATORS INSURANCE CO LTD v ATLANTIC METHANOL PRODUCTION CO LLC

[2004] Lloyd's Rep IR 418

Insurance (material damage and consequential loss) - Conflict of laws - Contract of insurance governed by English law - Allegations of misrepresentation and non-disclosure - Dispute as to coverage - Underwriters seeking negative declaratory relief in England - Whether Underwriters had good arguable case - Forum non conveniens.

PHILLIPS v SYNDICATE 992 GUNNER [2003] EWHC 1084 (QB)

[2004] Lloyd's Rep IR 426

Insurance (employers liability) - Employee exposed to asbestos by employer over lengthy period - Employers liability insurers only on risk for a part of that period - Policy contained rateable proportion clause - Whether insurers liable for full amount of employee’s claim or only a rateable proportion - Whether clause applied to successive cover - Custom and practice - Implied term for apportionment - Third Parties (Rights against Insurers) Act 1930.

SLATER v BUCKINGHAMSHIRE COUNTY COUNCIL

[2004] Lloyd's Rep IR 432

Insurance (motor) - Injuries sustained by victim while crossing road to reach minibus waiting for him - Whether council or operator of minibus negligent - Failure by operator of minibus to give notice of claim to insurers - Whether notice provision a condition precedent to insurers’ liability - Whether accident caused by or arising out of the use of the vehicle - Road Traffic Act 1988, sections 145 and 152.

SUPER CHEM PRODUCTS LTD v AMERICAN LIFE AND GENERAL INSURANCE CO LTD

[2004] Lloyd's Rep IR 446

Insurance (physical damage and business interruption) - Insurers alleging fraud - Insurers also pleading breach of claims co-operation provisions and late claim - Whether insurers entitled to rely on contract terms after raising defence of fraud - Waiver - Correctness of Jureidini v National British and Irish Millers Insurance Company Limited [1915] AC 499.

ASSICURAZIONI GENERALI SPA v CGU INTERNATIONAL INSURANCE PLC

[2004] Lloyd's Rep IR 457

Reinsurance - Insurance of work for installation and maintenance of cables - Settlement of claim by reinsured - Reinsurance agreement requiring reinsurers to “follow the settlements” of reinsured - Scope of obligation to follow settlements - Position where insurance and reinsurance contained same terms and were drafted on back to back basis - Obligation on reinsured to prove that the basis on which the claim was settled fell within the reinsurance as a matter of law.

NORTH ATLANTIC INSURANCE CO LTD v NATIONWIDE GENERAL INSURANCE CO LTD

[2004] Lloyd's Rep IR 466

Reinsurance pool - Pool operated by underwriting agent - Agreement between pool members that reinsurance recoveries would be applied to pay off pool debts - Some members of pool becoming insolvent - Whether individual pool members entitled to recover reinsurance proceeds - Whether multipartite agreement between pool members could be applied - Fronting within pool - Effect of insolvency of pool member - Effect of termination of agency agreement with underwriting agent.

KASTOR NAVIGATION CO LTD v AGF MAT [2004] EWCA Civ 277

[2004] Lloyd's Rep IR 481

Insurance (marine) - Vessel damaged by fire and became constructive total loss - Vessel sank immediately afterwards by ingress of water not caused by fire - Fire an insured peril but ingress of water unexplained and therefore uninsured - Whether assured able to recover for constructive total loss despite subsequent actual total loss - Notice of abandonment not necessary in circumstances - Whether assured required to abandon vessel to insurers - Whether doctrine of merger applied to successive losses - Marine Insurance Act 1906, sections 60, 61, 62 and 77 - Institute Hulls Clauses 1995, clause 18 - Costs - Whether judge correct in ordering successful claimant to pay his own costs and 70 per cent of defendant’s costs on issue by issue basis - Civil Procedure Rules Parts 36 and 44.

PICKETT v MOTOR INSURERS BUREAU

[2004] Lloyd's Rep IR 513

Insurance (motor) - Uninsured driver - Claim against Motor Insurers Bureau - Passenger knew that driver was uninsured - Passenger consenting to be carried - Whether passenger withdrew consent before accident - Motor Insurers Bureau Untraced Drivers Agreement 1988, clause 6.1(e).

PRIFTI (ON BEHALF OF LLOYD’S SYNDICATES MD 39312 AND M2 39312 AND OTHERS) v MUSINI SOCIEDAD ANONIMA DE SEGUROS Y REASEGUROS

[2004] Lloyd's Rep IR 528

Reinsurance - Direct policy governed by Spanish law and containing exclusive jurisdiction clause - Reinsurance containing full reinsurance clause - Proceedings in Spain between assured and insurers - Reinsurers seeking declaration of non-liability in England - Whether jurisdiction clause incorporated into reinsurance agreement - Whether risk of irreconcilable judgments - Council Regulation 44/2001, articles 5, 23 and 28.

EAGLE STAR INSURANCE CO LTD V CRESSWELL

[2004] Lloyd's Rep IR 537

Reinsurance - Follow the settlements - Claims co-operation clause - Whether claims co-operation clause a condition precedent to liability of reinsurers.

KING v BRANDYWINE REINSURANCE CO (UK) LTD

[2004] Lloyd's Rep IR 554

Reinsurance - Clean up costs incurred by Exxon following Exxon Valdez grounding in 1989 - Liability of reinsurers to indemnify reinsured for costs - Whether losses covered by direct policy - Whether direct policy governed by English law or New York law - Whether spilt oil was “debris” - Recovery of suing and labouring costs - Effect of breach of claims control condition - Whether cover excluded by “Seepage and Pollution” exception in reinsurance.

MCGEOWN v DIRECT TRAVEL INSURANCE

[2004] Lloyd's Rep IR 599

Insurance (personal accident) - Assured injured in road accident in Turkey - Policy covering accidental bodily injury - Recovery of up to £50,000 for permanent disability - Whether assured prevented from doing all usual activities.

RAMCO (UK) LTD v INTERNATIONAL INSURANCE COMPANY OF HANNOVER LTD

[2004] Lloyd's Rep IR 606

Insurance - All risks policy on goods - Policy obtained by bailee - Policy covering goods for which bailee was “responsible” - Goods belonging to bailee and to third parties destroyed by fire - Whether policy covered third party property.

BENNETT v AXA INSURANCE PLC

[2004] Lloyd's Rep IR 615

Insurance (material damage and business interruption) - Premises damaged by fire - Claim under both sections of policy - Breach of warranty - “Waste clause” requiring trade waste to be cleared up - Whether warranty broken - Consequences of breach.

CENTRE REINSURANCE INTERNATIONAL CO v CURZON INSURANCE LTD

[2004] Lloyd's Rep IR 622

Insurance - Asbestos claims - Assured becoming insolvent - Claims against liability insurers under Third Parties (Rights against Insurers) Act 1930 - Effect of policy excess - Whether claims clauses to be disregarded on basis that rights of third parties were altered - 1930 Act, section 1(3).

FRANS MAAS (UK) LTD v SUN ALLIANCE AND LONDON INSURANCE PLC

[2004] Lloyd's Rep IR 649

Insurance (liability) - Insured carried on warehousing activity - Goods released without production of bills of lading in order to assist customer repay debt to insured - Goods misappropriated - Insurance policy confined to liability under contract conditions - Whether policy covered liability to third parties - Whether insured in breach of reasonable care obligations - Whether failure to disclose to insurers that goods were being released without bills of lading - Utmost good faith - Waiver and affirmation.

GRAHAM v ENTEC EUROPE LTD

[2004] Lloyd's Rep IR 660

Insurance - Subrogation - Claim made against insurers for remedial works following subsidence - Remedial works effected using recommendations of defendant surveyors - Subsidence not cured - Insurers’ loss adjuster becoming aware of possible negligence of defendants - Whether action by assured time-barred - Effect of knowledge of loss adjuster - Limitation Act 1980, section 14A.

RE OT COMPUTERS (IN ADMINISTRATION)

[2004] Lloyd's Rep IR 669

Insurance - Third party rights - Computer company giving extended warranties to customers - Liability insured with insurers - Company going into administration - Finance company meeting obligations of computer company and seeking recovery from insurers under Third Parties (Rights against Insurers) Act 1930 - Whether 1930 Act applied to contractual liability - Whether liability incurred by computer company as insurer - Disclosure of information - Third Parties (Rights against Insurers) Act 1930, sections 1(1), 1(5) and 2.

GOSHAWK SYNDICATE MANAGEMENT LTD v XL SPECIALTY INSURANCE CO

[2004] Lloyd's Rep IR 683

Reinsurance - Direct policy against physical damage to retail stores - Policy containing annual aggregate retention clause and requiring assured to bear deductibles - Reinsurance responding to losses in excess of “original underlying deductibles” - Whether phrase included all deductible provisions of direct policy - Principle of back to back cover.

INTERPART COMERCIAO E GESTAO SA v LEXINGTON INSURANCE CO

[2004] Lloyd's Rep IR 690

Insurance (marine cargo) - Utmost good faith - Certificate of inspection issued in respect of cargo - Insurers issued certificate of insurance - Allegation that certificate of inspection falsely dated in order to defraud bank and buyers - Whether certificate relied upon for confirmation of cover - Whether reliance on certificate for claim constituted fraudulent claim - Marine Insurance Act 1906, section 17.

IF P&C INSURANCE LTD (PUBL) v SILVERSEA CRUISES LTD

[2004] Lloyd's Rep IR 696

Insurance (business interruption) - Cruise vessels insured against loss of income - Terrorist attacks on 11 September 2001 causing passengers to cancel cruises - Some voyages cancelled - Claim under policy - Whether loss of income caused by insured peril - Whether claim for anticipated loss of income subject to aggregation provision restricting assured to a single limit for losses - Whether claim for anticipated loss of income caused by terrorist activity or by US State Department warnings - Whether 11 September constituted “acts of war” or “armed conflict”.

LLOYD-WOLPER v MOORE NATIONAL INSURANCE GUARANTEE CORPORATION PLC

[2004] Lloyd's Rep IR 730

Insurance (motor) - Liability for personal injuries incurred by assured’s son - Son under age to hold licence and driving vehicle not covered for his driving by policy - Insurers satisfying judgment against son - Whether insurers had right of recourse against assured - Whether assured had given permission for son to drive vehicle - Effect of mistake or misrepresentation on consent - Road Traffic Act 1988, sections 143 and 151.

MIDLAND MAINLINE LTD v EAGLE STAR INSURANCE CO LTD

[2004] Lloyd's Rep IR 739

Insurance (Business interruption) - Hatfield rail crash - Parts of railway network subject to gauge corner cracking subjected to emergency speed restrictions by Railtrack - Train operators suffering losses - Policy excluding coverage for wear and tear - Causation - Whether wear and tear a proximate cause of the loss - Whether wear and tear exclusion applied to business interruption extension under policy.

MURPHY v MURPHY

[2004] Lloyd's Rep IR 744

Insurance (life) - Policy taken out by husband and wife - Proceeds payable to survivor - Parties divorcing - Husband’s new partner having child - Death of husband - Whether proceeds of policy payable to wife alone or in part to husband’s estate - Joint and composite insurance - Inheritance (Provision for Family and Dependants) Act 1975.

R (ON THE APPLICATION OF WEST) v LLOYD’S OF LONDON

[2004] Lloyd's Rep IR 755

Regulation - Lloyd’s of London - Major Syndicate Transactions Byelaw - Business Conduct Committee approving buy-outs - Whether decisions subject to judicial review - Human Rights Act 1998.

WISE (UNDERWRITING AGENCY) LTD v GRUPO NACIONAL PROVINCIAL SA

[2004] Lloyd's Rep IR 764

Reinsurance - Utmost good faith - Cargo insurance - Reinsured stating that clocks were to be insured - Cargo including Rolex watches - Cargo stolen - Whether reinsurers induced by presentation of risk - Whether reinsurers had waived disclosure of inclusion of Rolex watches - Whether policy affirmed - Marine Insurance Act 1906, section 18.

PICKERSGILL v RILEY

[2004] Lloyd's Rep IR 795

Professional negligence - Solicitor - Client guaranteeing rent payable under a lease - Indemnity granted to client by third party - No investigation undertaken into assets of third party - Client becoming liable under the guarantee but unable to recover from third party as it possessed no assets - Whether solicitor owed duty of care to client.

WILLIAMS v FANSHAW PORTER & HAZELHURST (A FIRM)

[2004] Lloyd's Rep IR 800

Professional negligence - Solicitor - Limitation of actions - Firm of solicitors commencing negligence action for client against doctor - Claim struck out by consent - Client not informed of striking out - Whether deliberate concealment of fact giving rise to cause of action against solicitors - Limitation Act 1980, section 32.

AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE CO v ABBOTT LABORATORIES

[2004] Lloyd's Rep IR 815

Insurance (liability) - Conflict of laws - Insurance contracts coming into force and containing jurisdiction clause - Insurance contracts incorporating terms in other policies yet to be agreed - Arbitration clause subsequently agreed - Whether arbitration clause incorporated into earlier contracts - Whether arbitration clause could override jurisdiction clause - Whether anti-suit injunction should be granted.

ROYAL AND SUN ALLIANCE INSURANCE PLC v DORNOCH LTD

[2004] Lloyd's Rep IR 826

Reinsurance - Directors and Officers’ insurance - Claims control clause in reinsurance agreement - Obligation on reinsured to notify loss or losses within 72 hours of knowledge of loss - Whether “loss or losses” referred to losses of third party claimants or losses suffered by assured in following claims - Whether reinsured had “knowledge” of losses.

TRAVELERS CASUALTY AND SURETY CO OF EUROPE LTD v SUN LIFE ASSURANCE CO OF CANADA (UK) LTD

[2004] Lloyd's Rep IR 846

Reinsurance - Conflict of laws - Canadian parent company insuring itself and English subsidiary against liability - Reinsurers seeking declaration of non-liability for breach of claims provisions - Proceedings first commenced in England - Reinsured commencing proceedings in Ontario - Whether court had power to stay proceedings when English court first seised - Council Regulation 44/2001, article 2 - Whether England most appropriate forum for hearing dispute.

EAGLE STAR INSURANCE CO LTD v GAMES VIDEO CO (GVC) SA THE GAME BOY

[2004] Lloyd's Rep IR 867

Insurance (marine) - Utmost good faith - Vessel becoming total loss - Whether fraudulent misrepresentation as to value of vessel - Whether warranty that prior to attachment of risk recommendations of Salvage Association would be complied with - Whether claim involved use of fraudulent devices.

PILKINGTON UNITED KINGDOM LTD v CGU INSURANCE PLC

[2004] Lloyd's Rep IR 891

Insurance (product liability) - Glass panels supplied by assured to contractor - Panels installed in roof of Eurostar terminal at Waterloo Station - Small number of panels fracturing once installed - No physical damage or personal injury involved - Station closed pending investigations - Whether assured’s product liability insurers liable for third party economic loss claims - Notice of claim - Whether claims co-operation clause a condition precedent to insurers’ liability.

HEATH LAMBERT LTD v SOCIEDAD DE CORRETAJE DE SEGUROS

[2004] Lloyd's Rep IR 905

Reinsurance - Marine - Placing broker paying premium to reinsurers - Claim by placing broker against producing broker and reinsured for reimbursement - Running of time for making of claim - Whether action accrued when risk incepted or at end of 90-day credit period granted by reinsurers for payment of premium - Limitation Act 1980, section 5 - Marine Insurance Act 1906.

CANELHAS COMERCIO IMPORTACAO E EXPORTACAO LTD v WOOLDRIDGE

[2004] Lloyd's Rep IR 915

Insurance (Jeweller’s Block Policy) - Family of managing director of jewellery shop kidnapped - Managing director ordered to go to shop and remove emeralds in return for family - Policy excluding loss of or damage to property by robbery when premises were open for business or when staff were in attendance - Whether events covered by exclusion.

LLR: Insurance & Reinsurance