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SUEZ FORTUNE INVESTMENTS LTD AND ANOTHER v TALBOT UNDERWRITING LTD AND OTHERS (THE “BRILLANTE VIRTUOSO”) (No 2)
[2020] Lloyd's Rep IR 1
Insurance (marine, war risks) – Wilful misconduct – Piracy – Malicious acts – Breach of warranty – Warranty of legality – Rights of bank as co-assured.
CORBETT AND OTHERS v VERO INSURANCE NEW ZEALAND LTD
[2020] Lloyd's Rep IR 63
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”.
MANCHIKALAPATI AND OTHERS v ZURICH INSURANCE PLC AND ANOTHER
[2020] Lloyd's Rep IR 77
Insurance (property) – Measure of indemnity – Calculation of cap on liability – Payment in advance of repairs being effected – Double insurance – Causation – Number of claims.
MUNICH RE CAPITAL LTD v ASCOT CORPORATE NAME LTD
[2020] Lloyd's Rep IR 115
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.
DODDS AND OTHERS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD
[2020] Lloyd's Rep IR 129
Insurance (property) – Settlement contract – Misrepresentation by insurers as to sums payable – Continuing duty of utmost good faith – Whether settlement could be overturned.
HISCOX DEDICATED CORPORATE MEMBER LTD AS REPRESENTATIVE OF SYNDICATE 33 AT LLOYD’S AND ANOTHER v WEYERHAEUSER CO
[2020] Lloyd's Rep IR 161
Insurance (liability) – Arbitration – Excess policy incorporating terms of primary policy – Whether London arbitration clause in primary policy was incorporated into excess policy – Conflict with US Service of Suit clause – Anti-suit injunction.
MOORE v IAG NEW ZEALAND LTD
[2020] Lloyd's Rep IR 167
Insurance (property) – Aggregation – Whether consecutive earthquakes were a series of events or losses – Whether earthquakes had a common cause.
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)
[2020] Lloyd's Rep IR 176
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.
WATSON v HEMINGWAY DESIGN LTD AND OTHERS
[2020] Lloyd's Rep IR 194
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.
ALLIANZ AUSTRALIA INSURANCE LTD v CERTAIN UNDERWRITERS AT LLOYD’S OF LONDON SUBSCRIBING TO POLICY NUMBER B105809GCOM0430
[2020] Lloyd's Rep IR 203
Insurance – Double insurance and contribution – Effect of “other insurance” clauses – Whether exclusion clause took priority over excess clause.
CARROLL v TAYLOR AND OTHERS
[2020] Lloyd's Rep IR 216
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.
DANBOL PTY LTD v SWISS RE INTERNATIONAL SE
[2020] Lloyd's Rep IR 229
Insurance (property) – Held covered – Insurers offering temporary cover following termination of policy – Whether offer binding on insurers – Bilateral contract – Unilateral contract.
PUTTA v ROYAL & SUN ALLIANCE INSURANCE PLC
[2020] Lloyd's Rep IR 239
Insurance (motor) – Hire of replacement vehicle – Entitlement of claimant to use credit hire – Whether claimant was impecunious – Basic hire rate.
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
[2020] Lloyd's Rep IR 248
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).
AB AND ANOTHER v TRANSFORM MEDICAL GROUP (CS) LTD AND ANOTHER
[2020] Lloyd's Rep IR 265
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.
ASPEN UNDERWRITING LTD AND OTHERS v CREDIT EUROPE BANK NV
[2020] Lloyd's Rep IR 274
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.
PC CASE GEAR PTY LTD v INSTRAT INSURANCE BROKERS PTY LTD
[2020] Lloyd's Rep IR 288
Insurance – Broker – Copyright infringement claim against client not covered by policy – Whether broker in breach of duty – Effect of settlement with third party – Measure of damages.
SWASHPLATE PTY LTD v LIBERTY MUTUAL INSURANCE CO (TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS)
[2020] Lloyd's Rep IR 322
Insurance (marine) – Goods in transit – Commencement of risk – Effect of words “From: 19 May 2018 … To: Date of Arrival” – Cargo loaded in US but insured under policy issued in Australia, with 15 hours’ time difference – Institute Cargo Clauses 2009.
HUTCHINSON v MAPFRE ESPANA COMPANIA DE SEGUROS Y REASEGUROS SA AND ANOTHER
[2020] Lloyd's Rep IR 333
Insurance (liability) – Jurisdiction – Direct claim against liability insurer – Consumer jurisdiction against defendant marketing in consumer's jurisdiction of domicile where the purchase had been made in the defendant's domicile – Insurance contract clause ostensibly defining the risk but operating with the effect of a jurisdiction clause – Brussels Regulation Recast, European Parliament and Council Regulation (EU) No 1215/2012, articles 13, 15, 17, 18, 29 and 30.
MATHIESON AND ANOTHER v TOWER INSURANCE LTD
[2020] Lloyd's Rep IR 350
Insurance (property) – Measure of indemnity – Aggregation – Claimants’ property damaged in successive earthquakes – Whether claimants could recover for each earthquake.
UK ACORN FINANCE LTD v MARKEL (UK) LTD
[2020] Lloyd's Rep IR 356
Insurance (professional indemnity) – Non-disclosure and misrepresentation – Breach of warranty – Waiver – Effect of unintentional non-disclosure clause – Third Parties (Rights Against Insurers) Act 1930.
YOUNG v ROYAL AND SUN ALLIANCE INSURANCE PLC
[2020] Lloyd's Rep IR 388
Insurance – Duty of fair presentation – Waiver of disclosure – Insurance Act 2015, section 5(3)(e).
ENDURANCE CORPORATE CAPITAL LTD v SARTEX QUILTS & TEXTILES LTD
[2020] Lloyd's Rep IR 397
Insurance (property) – Measure of indemnity for damaged building – Time at which assessment of loss is to be made – Mitigation of loss – Betterment.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN (THE “PRESTIGE”) (NO 3)
[2020] Lloyd's Rep IR 413
Arbitration – Third-party claims – Direct action against insurer – Binding effect of arbitration clause – Conditional benefit doctrine – State immunity – Application for appointment of arbitrator – Anti-suit injunctions and damages – Arbitration Act 1996, sections 18, 48 and 66 – State Immunity Act 1978, sections 3 and 9 – Senior Courts Act 1981, sections 37 and 50.
AXA INSURANCE UK LTD v EUI LTD (T/A ELEPHANT INSURANCE)
[2020] Lloyd's Rep IR 459
Insurance (motor) – Contribution between insurers – Driver involved in accident returning from work – Meaning of “social, domestic and pleasure” purposes – Meaning of “private motor car”.
GENERALI ITALIA SPA AND OTHERS v PELAGIC FISHERIES CORPORATION AND ANOTHER
[2020] Lloyd's Rep IR 466
Insurance (marine) – Jurisdiction – Contracts providing for English law and exclusive jurisdiction – Reference in contracts to standard form wording including Italian law and jurisdiction clause – Proceedings commenced in Italy and stayed – Whether English court should determine validity of English exclusive jurisdiction clause – Whether clause binding – European Parliament and Council Regulation 1215/2012/EU, articles 25, 29, 30 and 31.
GRIFFITHS v LIBERTY SYNDICATE 4472
[2020] Lloyd's Rep IR 485
Insurance (property) – Limitation of action – Date of accrual of cause of action – Effect of policy terms – Limitation Act 1980, section 5.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE FRENCH STATE (THE “PRESTIGE”) (NO 4)
[2020] Lloyd's Rep IR 494
Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Whether judgment claims governed by insurance jurisdiction rules – State Immunity Act 1978, sections 2, 3, 9 and 12 – Civil Procedure Rules, Practice Direction 6B – Service Regulation, European Council Regulation 1393/2007/EC – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 10 to 14.
THE FINANCIAL CONDUCT AUTHORITY v ARCH INSURANCE (UK) LTD AND OTHERS HOSPITALITY INSURANCE GROUP LTD AND ANOTHER (INTERVENING)
[2020] Lloyd's Rep IR 527
Insurance (business interruption) – Covid-19 – Notifiable disease – National lockdown – Whether business interruption policy extensions responded to loss.
TKC LONDON LTD v ALLIANZ INSURANCE PLC
[2020] Lloyd's Rep IR 631
Insurance (business interruption) – Meaning of “loss” – Meaning of “accident” – Inherent vice – Causation – Striking out – CPR 24.2.
FRUCOR BEVERAGES LTD AND OTHERS v BLUMBERG AND OTHERS
[2020] Lloyd's Rep IR 656
Insurance (motor) – Hire of replacement vehicle – Champerty – Whether hiring charges could be recovered from the defendant – Reasonableness of the charges – Effect of delay to repairs.