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EMPLOYERS’ LIABILITY POLICY TRIGGER LITIGATION DURHAM V BAI (RUN OFF) LTD (LEAD CASE 1) FLEMING & EDDLESTON V INDEPENDENT INSURANCE CO LTD (LEAD CASE 2) EDWARDS V EXCESS INSURANCE CO LTD (LEAD CASE 3) THOMAS BATES & SON LTD V BAI (RUN OFF) LTD (LEAD CASE 4) AKZO NOBEL UK LTD & AMEC PLC V EXCESS INSURANCE CO LTD (LEAD CASE 5) MUNICIPAL MUTUAL INSURANCE LTD V ZURICH INSURANCE CO LTD (LEAD CASE 6)

[2009] Lloyd's Rep IR Plus 1

Insurance – Employers’ liability – Trigger of coverage – Claims by employees against employers for mesothelioma following exposure to asbestos – Employers insured under employers’ liability policies covering liability in respect of injury or disease sustained during currency of policy – Whether policy applied to exposure or to injury – Employers’ Liability (Compulsory Insurance) Act 1969.

PRATT v AIGAION INSURANCE CO SA

[2009] Lloyd's Rep IR Plus 2

Insurance (marine) – Time policy on fishing trawler – Warranty requiring skipper and crew member to be on board at all times – Vessel catching fire with no crew on board – Whether breach of warranty.

AGHEAMPONG v ALLIED MANUFACTURING (LONDON) LTD

[2009] Lloyd's Rep IR Plus 3

Insurance (motor) – Claimant using vehicle uninsured – Vehicle damaged by defendants – Claim by claimant for costs of hiring replacement vehicle – Whether claim barred by ex turpi causa principle – Admissibility of hearsay evidence – Civil Evidence Act 1995, sections 1, 2 and 9.

LIMIT NO 2 LTD v AXA VERSICHERUNG AG

[2009] Lloyd's Rep IR Plus 4

Reinsurance – Treaty – Misrepresentation and non-disclosure – Reinsurance of construction risks – Reinsurers told that reinsured’s policy was normally to write risks with a deductible of at least £500,000 – Whether material misstatement – Whether material to risk – Whether treaty and endorsement could be avoided – Whether reinsured made continuing representation – Marine Insurance Act 1906, section 20(6).

YOUELL & OTHERS v LA REUNION AERIENNE & OTHERS

[2009] Lloyd's Rep IR Plus 5

Insurance – Co-insurance agreement – Dispute as to whether London insurers bound to indemnify French insurers – Action by London insurers for declaration – Whether English court possessed jurisdiction – Whether dispute a matter relating to insurance or relating to arbitration – European Parliament and Council Regulation 44/2001, articles 1, 5 and 8.

ACE CAPITAL LTD v CMS ENERGY CORPORATION

[2009] Lloyd's Rep IR Plus 6

Insurance (political risks) – Conflict of laws – Arbitration – Policy containing English arbitration clause and US service of suit clause – Assured commencing proceedings in Michigan – Underwriters seeking anti-suit injunction – Whether assured obliged to go to arbitration.

MARKEL CAPITAL LTD v GOTHAER ALLGEMEINE VERSICHERUNG AG AND ANOTHER

[2009] Lloyd's Rep IR Plus 7

Reinsurance – Directors’ and officers’ cover – Whether claims cooperation clause incorporated into reinsurance agreement – Whether reinsureds in breach of clause – Summary judgment.

ASPEN INSURANCE UK LTD AND OTHERS v PECTEL LTD

[2009] Lloyd's Rep IR Plus 8

Insurance (liability) – Claims condition requiring immediate notification of any occurrence which may give rise to a claim – Liability of insurers conditional on compliance with all conditions – Whether assured in breach of condition – Whether condition operated as condition precedent to liability.

MCCALL AND OTHERS v POULTON AND ANOTHER

[2009] Lloyd's Rep. IRPlus 9

Insurance (motor) – Claimant incurring hire charges for replacement vehicle – Claimant indemnified by insurers – Defendant uninsured – Subrogation action by claimant’s insurers under Motor Insurers’ Bureau Uninsured Drivers Agreement – Whether agreement to be construed in accordance with Second Motor Insurance Directive, 84/5/EEC – Whether MIB “emanation of the state” so that Directive directly effective.

DUNLOP HAYWARDS (DHL) LTD ERINACEOUS COMMERCIAL PROPERTY SERVICES LTD v ERINACEOUS INSURANCE SERVICES LTD LOCKTON COMPANIES INTERNATIONAL LTD (PART 20 DEFENDANT) MSI CORPORATE CAPITAL LTD (INTENDED PART 20 DEFENDANT)

[2009] Lloyd's Rep IR Plus 10

KOREA NATIONAL INSURANCE CORPORATION v ALLIANZ GLOBAL CORPORATE & SPECIALITY AG

[2009] Lloyd's Rep IR Plus 11

Reinsurance – Conflict of laws – Judgment obtained by reinsured against reinsurers in North Korea – Application to English courts for enforcement of judgment – Whether English court precluded from hearing allegations of fraud in obtaining judgment – Allegations of intervention by Head of State – Doctrine of non-justiciability.

GREENE WOOD & MCCLEAN LLP v TEMPLETON INSURANCE LTD

[2009] Lloyd's Rep IR Plus 12

REILLY v NATIONAL INSURANCE AND GUARANTEE CORPORATION LTD

[2009] Lloyd's Rep IR Plus 13

Insurance – Products liability – Failure of fire extinguishing system to put out a fire – Exclusion in policy for failure of machinery – Whether system was “machinery” – Whether policy covered failure of any machinery or just machinery relating to fire and intruder alarms.

GLOBAL PROCESS SYTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE “CENDOR MOPU”)

[2009] Lloyd's Rep IR Plus 14

Insurance (marine) – Institute Cargo Clauses (A) – All risks cover – Oil rig damaged in course of being transported – Causation – Whether loss inevitable – Whether loss caused by inherent vice.

COPLEY v LAWN MADEN v HALLER

[2009] Lloyd's Rep IR Plus 15

Insurance (motor) – Vehicle damaged by defendant’s negligence – Claimant entering into hiring agreement for replacement car – Defendant’s insurers offering replacement car free – Whether claimant failing to mitigate by refusing offer.

ALLIANZ INSURANCE CO EGYPT v AIGAION INSURANCE COMPANY SA (NO 2) (THE “OCEAN DIRK”)

[2009] Lloyd's Rep IR Plus 16

Reinsurance – Formation of contract – Parties agreeing to include warranty – Slip did not include IACS class warranty – Reinsurers accepting slip – Whether there was a contract between the parties.

DORNOCH LTD AND OTHERS v WESTMINSTER INTERNATIONAL BV AND OTHERS

[2009] Lloyd's Rep IR Plus 17

Insurance (marine) - Underwriters making payment for constructive total loss - Assured selling vessel to third party - Dispute as to underwriters - salvage rights - Whether all underwriters should be joined to the proceedings - Brussels Regulation (EC) No 44/2001, articles 6 and 24, Civil Procedure Rules, rule 19.2.

DORNOCH LTD AND OTHERS v WESTMINSTER INTERNATIONAL BV AND OTHERS (THE "WD FAIRWAY")

[2009] Lloyd's Rep IR Plus 18

Insurance (marine) - Vessel becoming constructive total loss - Insurers not accepting notice of abandonment but making payment for constructive total loss - Vessel sold by assured to third party before all of insurers had decided to take over the vessel - Effect of sale - Rights of insurers - Applicable law - Marine Insurance Act 1906, sections 62, 63 and 79.

TEMPLE LEGAL PROTECTION LTD v QBE INSURANCE (EUROPE) LTD

[2009] Lloyd's Rep IR Plus 19

Insurance (ATE) - Binding authority - Underwriting agent authorised to write ATE insurance for insurers - Underwriting agent entering into coverholder agreements with solicitors empowering them to issue insurance to clients - Binder terminated for alleged breach - Whether underwriting agent authorised to carry on run-off business after termination

ANSARI v NEW INDIA ASSURANCE LTD

[2009] Lloyd's Rep IR Plus 20

Insurance - Buildings - Insurance against fire - Policy term removing cover in the event of any material alteration to buildings or to facts stated in proposal form - Non-invalidation clause permitting recovery if assured unaware of alteration -Sprinkler system not operative and tenant changing use of buildings - Whether breach of policy term - Whether assured could rely on non-invalidation clause.

BEDFORDSHIRE POLICE AUTHORITY v CONSTABLE

[2009] Lloyd's Rep IR Plus 21

Insurance - Statutory obligation of police to pay compensation for damage caused to property by riot - Whether liability of police covered by public liability policy - Riot (Damages) Act 1886.

CAVELL USA INC AND ANOTHER v SEATON INSURANCE CO AND ANOTHER

[2009] Lloyd's Rep IR Plus 22

Insurance - Run-off - Claimant managed run-off of defendant insurers - Agreement terminating run-off and exempting claimant from most claims other than fraud - Exclusive jurisdiction clause in favour of England - Claim brought in New York - Whether fraud claim within exclusive jurisdiction clause.

INSURANCEWIDE.COM SERVICES LTD v COMMISSIONERS FOR HER MAJESTY'S REVENUE & CUSTOMS

[2009] Lloyd's Rep IR Plus 23

Insurance - Brokers and agents - Company providing price comparison website - Whether company liable to pay VAT on its activities - Exemption from VAT for the services of an insurance broker or insurance agent - Value Added Tax Act 1994, schedule 9, item 4.

RE EQUITAS LTD

[2009] Lloyd's Rep IR Plus 24

Insurance - Transfer of business - Application for waiver of publicity requirements - Whether court possessed jurisdiction - Financial Services and Markets Act 2000, sections 107 and 109 - Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001.

DORNOCH LTD AND OTHERS v WESTMINSTER INTERNATIONAL BV AND OTHERS (THE "WD FAIRWAY") (NO 3)

[2009] Lloyd's Rep IR Plus 25

Insurance (marine) - Vessel becoming constructive total loss - Insurers rejecting notice of abandonment but paying for constructive total loss - Vessel sold by assured to associated company at undervalue - Insurers thereafter asserting right of salvage - Whether insurers had opted to waive salvage rights - Law applicable to proprietary effects of transfer - Renvoi - Insolvency Act 1986, section 423

MAHER AND ANOTHER v GROUPAMA GRAND EST

[2009] Lloyd's Rep IR Plus 26

Insurance (motor) - Direct action against insurers - English victim injured in France by French tortfeasor - Policy governed by French law - Action brought against insurers in England - Whether damages to be assessed under English law or French law - Whether pre-judgment interest to be governed by English law or French law.

KNIGHT v AXA ASSURANCES

[2009] Lloyd's Rep IR Plus 27

Insurance (motor) - Direct action against insurers - English victim injured in France by French tortfeasor - Policy governed by French law - Action brought against insurers in England - Whether damages to be assessed under English law or French law - Whether pre-judgment interest to be governed by English law or French law.

WASA INTERNATIONAL INSURANCE CO AGF INSURANCE LTD v LEXINGTON INSURANCE CO

[2009] Lloyd's Rep IR Plus 28

Reinsurance - Facultative policy - Insurers covering liability against pollution losses for three-year period - Reinsurance taken out on same terms and conditions for 36 months - US courts ruling that insurers were liable for losses going back many years - Whether reinsurers liable to indemnify reinsured - Back-to-back cover - Meaning of deductible clause.

LAKER VENT ENGINEERING LTD v TEMPLETON INSURANCE LTD

[2009] Lloyd's Rep IR Plus 29

Insurance (legal expenses) - Assured in dispute with third party prior to renewal of policy - Whether dispute was a material fact - Whether there was proof of inducement - Whether assured's claim was out of time.

RE EQUITAS LTD

[2009] Lloyd's Rep IR Plus 30

Insurance - Transfer of business - Lloyd's - Scheme for transfer of Names' liabilities - Whether court should approve transfer - Financial Services and Markets Act 2000, sections 109 and 111.

HOMESERVE MEMBERSHIP LTD v COMMISSIONERS FOR HM REVENUE AND CUSTOMS

[2009] Lloyd's Rep IR Plus 31

Insurance (assistance) - Insurance Premium Tax - Assured paid premium to insurers for assistance and also paid arrangement fee - Whether arrangement fee subject to IPT - Finance Act 1994, section 72.

GARD MARINE & ENERGY LTD v TUNNICLIFFE AND OTHERS

[2009] Lloyd's Rep IR Plus 32

Reinsurance - Jurisdiction - Action by reinsured against reinsurer domiciled in Bermuda - Whether reinsurer should be joined to proceedings against London market reinsurers and brokers - Law applicable to reinsurance - Place of performance of reinsurers' obligations under the reinsurance - Rome Convention 1980, article 3 - Lugano Convention 1989, articles 5 and 6.

VORARLBERGER GEBIETSKRANKENKASSE v WGV-SCHWABISHE ALLGEMEINE VERSICHERUNGS AG

[2009] Lloyd's Rep IR Plus 33

Insurance (motor) - Jurisdiction - State social insurance fund indemnifying victim - Assignment of rights to fund - Whether fund could bring proceedings in the member state of its domicile - Council Regulation (EC) No 44/2001, articles 9 and 11.

SHAH v UL-HAQ AND OTHERS

[2009] Lloyd's Rep IR Plus 34

Fraud - Claim in tort - Whether use of fraud in claim vitiated entire claim - Civil Procedure Rules 3.4(2).

CRANE (REPESENTING SYNDICATE 53 AT LLOYD'S, 1998 YEAR OF ACCOUNT) v HANNOVER RUCKVERSICHERUNGS-AKTIENGESELLSCHAFT PARK LONDON LTD (THIRD PARTY)

[2009] Lloyd's Rep IR Plus 35

Retrocession - Utmost good faith - Retrocessionaires asserting that reinsurers had failed to disclose and had misrepresented reinsured's underwriting practice - Whether false statements made - Whether facts material - Inducement - Whether duty to disclose information obtained after contract - Whether reinsurers required to disclose their own concerns to retrocessionaires - Marine Insurance Act 1906, section 20.

LLR: Insurance & Reinsurance Plus