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UNIVERSITY OF EXETER v ALLIANZ INSURANCE PLC
[2024] Lloyd's Rep IR Plus 1
Insurance (property) – War risks exclusion – Unexploded bomb discovered – Controlled explosion damaged insured property – Whether exclusion applied – Causation – Concurrent causes.
TYSON INTERNATIONAL CO LTD v PARTNER REINSURANCE EUROPE SE
[2024] Lloyd's Rep IR Plus 2
Reinsurance – Anti-suit injunction – Two separate contracts made a week apart – Different dispute resolution clauses in each of the contracts – Whether the second contract replaced the first contract – Effect of delay.
PROJECT ANGEL BIDCO LTD v AXIS MANAGING AGENCY LTD AND OTHERS
[2024] Lloyd's Rep IR Plus 3
Insurance (warranty and indemnity) – Exclusion for loss arising from breach of anti-bribery and anti-corruption laws – Principles of construction – Estoppel by convention.
SUNWATER LTD v LIBERTY MUTUAL INSURANCE CO
[2024] Lloyd's Rep IR Plus 4
Insurance (liability) – Exclusion of liability arising out of the rendering of or failure to render professional advice or service – Whether exclusion applied to liability to non-clients as well as clients – Vicarious liability.
HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)
[2024] Lloyd's Rep IR Plus 5
Contracts – General average – Bill of lading – Charterparty – General average bond – General average guarantee – Charterparty containing agreement that charterer pay insurance premium – Kidnap and ransom insurance – War risks insurance – Shipowner having paid ransom to pirates – Whether charterparty providing insurance code and fund – Whether bill of lading holders able to rely on charterparty insurance terms to refuse payment under general average bond – Incorporation of charterparty terms into bill of lading – Whether manipulation of incorporated terms permitted.
DASSAULT AVIATION SA v MITSUI SUMITOMO INSURANCE CO LTD
[2024] Lloyd's Rep IR Plus 6
Insurance (liability) – Arbitration – Jurisdiction – Non-assignment clause in sale contract – Whether clause precluded action in arbitration by subrogated insurers suing in their own name – Nature of subrogation – Distinction between voluntary and involuntary assignment – Arbitration Act 1996, section 67.
AXIS SPECIALTY EUROPE SE v DISCOVERY LAND COMPANY LLC AND OTHERS
[2024] Lloyd's Rep IR Plus 7
Insurance (professional indemnity) – Solicitor’s liability – Fraud exclusion – Whether innocent partner condoned fraud of guilty partner – Aggregation – Whether two frauds constituted one claim.
GEORGE ON HIGH LTD AND ANOTHER v ALAN BOSWELL INSURANCE BROKERS LTD AND ANOTHER
[2024] Lloyd's Rep IR Plus 8
Insurance (property) – Broker – Whether policy extended coverage to claimant – Construction of policy – Rectification – Estoppel by convention – Insurance Act 2015, section 5.
AERCAP IRELAND LTD v AIG EUROPE SA AND OTHERS
[2024] Lloyd's Rep IR Plus 9
Insurance – Brokers - Procedural disclosure of insurance documents by broker – Whether a breach of sanctions regulations - Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855), regulations 28, 29 and 29A.
INFINITY RELIANCE LTD v HEATH CRAWFORD LTD
[2024] Lloyd's Rep. IR Plus 10
Insurance (broker) – Business interruption – Misleading advice given by broker – Failure by assured to apply correct estimates of profit – Causation – Contributory negligence – Law Reform (Contributory Negligence) Act 1945.
ATTA v HDI GLOBAL SPECIALTY SE
[2024] Lloyd's Rep IR Plus 11
Insurance (product liability) – Cavity wall insulation negligently installed – Whether liability arose out of or in connection with product – Date of damage – Whether policy covered cost of removal – Third Parties (Rights Against Insurers) Act 1930.
AVIVA INSURANCE LTD v MCCOIST AND ANOTHER
[2024] Lloyd's Rep IR Plus 12
Insurance (motor) – Uninsured driver liable for injury to third party – Insurers paying claim – Recourse action against insured registered keeper – Whether registered keeper caused or permitted uninsured use – Road Traffic Act 1988, sections 145 and 151.
VARIOUS EATERIES TRADING LTD v ALLIANZ INSURANCE PLC
[2024] Lloyd's Rep IR Plus 13
Insurance (business interruption) – Covid-19 – Triggers of coverage – Commencement of indemnity period – Recoverability of losses after expiry of policy – Causation – Aggregation.
ARMSTEAD v ROYAL & SUN ALLIANCE INSURANCE CO LTD
[2024] Lloyd's Rep IR Plus 14
Insurance (motor vehicle) – Credit hire – Hired replacement vehicle damaged by driver negligence – Whether driver’s insurers liable for damages for loss of use – Penalties – Consumer Rights Act 2015, section 62.
R (ASSURANT GENERAL INSURANCE LTD) v FINANCIAL OMBUDSMAN SERVICE LTD AND OTHERS
[2024] Lloyd's Rep IR Plus 15
Insurance (regulation) – Financial Ombudsman Service – Scope of judicial review – Whether FOS correct in holding that retailers distributing policies were agents of the insurer.
NEWCASTLE RESOURCES PTY LTD v CERTAIN UNDERWRITERS AT LLOYD’S SYNDICATE CVS 1919 SUBSCRIBING TO POLICIES NUMBERED LS00100XL, LS00100BU AND STA0222BU
[2024] Lloyd's Rep. IR Plus 16
Insurance (liability) – Defence costs – Whether claims were in respect of property damage or for pure economic loss – Defence costs available only where policy provided coverage – Apportionment .
SCOTBEEF LTD v D&S STORAGE LTD AND ANOTHER
[2024] Lloyd's Rep IR Plus 17
Insurance (liability) – Pre-contractual statement – Conversion into warranty – Transparency of terms – Insurance Act 2015, sections 9, 16 and 17 – Third Parties (Rights Against Insurers) Act 2010.
QBE INSURANCE (AUSTRALIA) LTD v NTI LTD
[2024] Lloyd's Rep IR Plus 18
Insurance (liability) – Double insurance – Contribution – Whether insurer had a defence under the policy – Exclusion for use of mechanical tool of trade.
HAMSARD ONE THOUSAND AND FORTY-THREE LTD v AE INSURANCE BROKERS LTD
[2024] Lloyd's Rep. IR Plus 19
Insurance (broker) – Duties of broker on placement – Disclosure of material facts – Failure to disclose assured’s association with other insolvent companies – Waiver of information by insurers – Scope of cover – Causation – Quantum.
TECHNIP SAUDI ARABIA LTD v MEDITERRANEAN AND GULF INSURANCE AND REINSURANCE CO
[2024] Lloyd's Rep IR Plus 20
Insurance (liability) – Maritime construction project – WELCAR 2001 policy – Co-insurance –– Meaning of “Existing Property” exclusion.
PROJECT ANGEL BIDCO LTD v AXIS MANAGING AGENCY LTD AND OTHERS
[2024] Lloyd's Rep IR Plus 21
Insurance (warranty and indemnity) – Exclusion for loss arising from breach of anti-bribery and anti-corruption laws – Principles of construction.
DELOS SHIPHOLDING SA AND OTHERS v ALLIANZ GLOBAL CORPORATE AND SPECIALTY SE AND OTHERS
[2024] Lloyd's Rep IR Plus 22
Insurance (marine) – War and allied risks – Detention – Constructive total loss – Whether loss fortuitous – Effect of exclusion for customs or quarantine regulations and similar arrests – Suing and labouring – Non-disclosure – Knowledge and materiality – Late payment of claims – Marine Insurance Act 1906, section 55 – Insurance Act 2015, sections 3, 4 and 13A.
BELLINI (N/E) LTD v BRIT UW LTD
[2024] Lloyd's Rep IR Plus 23
Insurance (business interruption) – Coverage for losses arising from disease – Whether physical damage to the assured’s premises was required.
ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS v TEXTAINER GROUP HOLDINGS LTD AND OTHERS
[2024] Lloyd's Rep IR Plus 24
Insurance (marine) – Subrogation – Allocation of recoveries – Indemnity – Average – Insurance arranged in layers – Loss exceeding amount of insurance – Whether recoveries from third party went to reducing uninsured loss or were to be shared proportionately between insurer and assured – Marine Insurance Act 1906, section 81.
TYSON INTERNATIONAL CO LTD v GIC RE, INDIA, CORPORATE MEMBER LTD
[2024] Lloyd's Rep. IR Plus 25
Reinsurance – Binding nature of Market Reform Contracts – Effect of subsequent reinsurance certificates – Whether disputes subject to English jurisdiction or New York arbitration – Anti-suit junction – Senior Courts Act 1981, section 37.
TYSON INTERNATIONAL CO LTD v PARTNER REINSURANCE EUROPE SE
[2024] Lloyd's Rep. IR Plus 26
Reinsurance – Binding nature of Market Reform Contracts – Effect of subsequent reinsurance certificates – Whether disputes subject to English jurisdiction or New York arbitration – Anti-suit junction – Arbitration Act 1996, section 9 – Senior Courts Act 1981, section 37.
QBE INSURANCE AUSTRALIA LTD v THE GRAPE HOUSE GROUP PTY LTD
[2024] Lloyd's Rep. IR Plus 28
Insurance (trade credit) – Subrogation – Allocation of recovery between insurers and assured – Effect of express terms relating to subrogation – Utmost good faith.
FLANAGAN v BERNASCONI AND ANOTHER
[2024] Lloyd's Rep. IR Plus 29
Insurance (property) – Insurance broker – Coverage – Breach of duty – Causation – Meaning of “defect in an item” – Reasonable precautions.
MOK PETRO ENERGY FZC v ARGO (NO 604) LTD AND OTHERS
[2024] Lloyd's Rep. IR Plus 31
Insurance (marine) – Cargo claim – Burden of proof – Damage to cargo – Whether cargo damaged at all – Effect of breach of survey warranty – Insurance Act 2015, sections 10, 11 and 17.
MS AMLIN MARINE NV v KING TRADER LTD AND OTHERS
[2024] Lloyd's Rep. IR Plus 32
Insurance (liability) – Pay to be paid clause – Assured insolvent – Whether third-party claimants bound by clause – Inconsistency – Construction – Implied term – Third Parties (Rights Against Insurers) Act 2010.
GRAHAM v FIDELIDADE – COMPANHIA DE SEGUROS SA
[2024] Lloyd's Rep. IR Plus 33
Insurance – Accident abroad – Direct action against insurer – Whether English court had jurisdiction to give permission for service out – Claim in tort – Forum conveniens – CPR PD 6B.
AERCAP IRELAND CAPITAL DESIGNATED ACTIVITY COMPANY AND OTHERS v PJSC INSURANCE COMPANY UNIVERSALNA AND OTHERS
[2024] Lloyd's Rep. IR Plus 34
Insurance and reinsurance (aviation) – Claims brought in England against insurers and reinsurers – Whether contracts contained binding exclusive jurisdiction clauses – Whether there were strong reasons to refuse stay.
HAMILTON CORPORATE MEMBER LTD v AFGHAN GLOBAL INSURANCE LTD AND OTHERS
[2024] Lloyd's Rep. IR Plus 35
Reinsurance (political violence) – Warehouse in Afghanistan taken by Taliban – Meaning of “seizure” – Whether seizure exclusion limited to acts by governing authority – Causation.
PEABODY TRUST v NATIONAL HOUSE-BUILDING COUNCIL
[2024] Lloyd's Rep. IR Plus 36
Insurance (insolvency cover) – Date of accrual of action – Limitation Act 1980, section 5.
PINNACLE LIVING PTY LTD AND ANOTHER v QBE INSURANCE (AUSTRALIA) LTD
[2024] Lloyd's Rep. IR Plus 38
Insurance – Construction policy – Damage by fire – Offer by employer’s insurers to pay $2.6 million – Whether binding settlement contract – Effect of claim under the policy on the settlement.