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NATIONAL FARMERS UNION MUTUAL INSURANCE SOCIETY LTD v HSBC INSURANCE (UK) LTD 2010] EWHC 773 (Comm)
[2011] Lloyd's Rep IR Plus 1
Insurance (property) - Double insurance - Contribution between insurers - Two policies covering loss - One policy containing excess clause and one policy containing rateable proportion clause - Whether excess policy insurer liable to contribute.
PERSIMMON HOMES LTD AND ANOTHER v GREAT LAKES REINSURANCE (UK) PLC
[2011] Lloyd's Rep IR Plus 2
Insurance (after the event) - Non-disclosure and misrepresentation - Whether insurers induced by false statements and failures to disclose - Whether insurers waived right to avoid.
COMMISSIONERS FOR HER MAJESTY'S REVENUE & CUSTOMS v INSURANCEWIDE.COM SERVICES LTD AND ANOTHER
[2011] Lloyd's Rep IR Plus 3
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 - Sixth EC Council Directive on VAT.
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES v STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD HM TREASURY (INTERESTED PARTY)
[2011] Lloyd's Rep IR Plus 4
Insurance (marine) - Termination of cover by P&I Club - Whether contract affected by supervening illegality - Whether contract frustrated - International Convention on Civil Liability for Bunker Oil Pollution Damages 2001.
TRAVELERS INSURANCE CO LTD v COUNTRYWIDE SURVEYORS LTD
[2011] Lloyd's Rep IR Plus 5
Insurance (professional indemnity) - Arbitration - Power of court to order pre-trial disclosure - Senior Courts Act 1981, sections 33 and 37 - Arbitration Act 1996, section 44(2) and (3) - Civil Procedure Rules, rule 31.16.
STONEBRIDGE UNDERWRITING LTD v ONTARIO MUNICIPAL INSURANCE EXCHANGE
[2011] Lloyd's Rep IR Plus 6
Reinsurance - Conflict of laws - Policy brokered and issued in England - Proceedings commenced in Ontario by insurers and in England by reinsurers - Forum non conveniens - Law applicable to the reinsurance agreement - Rome Convention, articles 3 and 4.
OMEGA PROTEINS LTD v ASPEN INSURANCE UK LTD
[2011] Lloyd's Rep IR Plus 7
Insurance (product liability) - Policy excluding liability arising under contract - Judgment against assured based on breach of contract - Whether assured entitled to assert liability in tort - Burden of proof - Third Parties (Rights Against Insurers) Act 1930.
SUGAR HUT GROUP LTD AND OTHERS v GREAT LAKES REINSURANCE (UK) PLC AND OTHERS
[2011] Lloyd's Rep IR Plus 8
Insurance (property) - Nightclub damaged by fire - Whether insurers entitled to avoid policy by reason of non-disclosure of assured's change of identity - Breach of warranty - Whether policy terms requiring inspection and no contact with combustible materials were warranties - Waiver of breach of warranty - Whether burglar alarm obligation was a warranty or a suspensory provision - Construction of ambiguous condition precedent.
THE OWNERS AND/OR DEMISE CHARTERERS OF THE DREDGER "KAMAL XXVI" AND THE BARGE "KAMAL XXIV" v THE OWNERS OF THE SHIP "ARIELA" THE OWNERS OF THE SHIP "ARIELA" v CATLIN (FIVE) LTD AND OTHERS
[2011] Lloyd's Rep IR Plus 9
Insurance - Costs - Insurers bringing subrogation action - Claim shown to be fraudulent - Whether insurers liable for defendant's costs - Whether privilege available to prevent disclosure of documents - Senior Courts Act 1981, section 51.
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v ACE INSURANCE LTD AND OTHERS
[2011] Lloyd's Rep IR Plus 10
Insurance (business interruption) - Outbreak of respiratory disease - Operations of hotel affected - Date of application of policy - Duration of indemnity period - Recovery of claims preparation costs.
TEAL ASSURANCE CO LTD v W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER
[2011] Lloyd's Rep IR Plus 11
Reinsurance - Allocation of liabilities to underlying policies - Effect on reinsurance.
JOSEPH FIELDING PROPERTIES (BLACKPOOL) LTD v AVIVA INSURANCE LTD
[2011] Lloyd's Rep IR Plus 12
Insurance (property) - Fraudulent claim - Effect of fraud clause - Non-disclosure of previous fraud and previous failures to disclose - Whether insurers entitled to avoid policy - Rehabilitation of Offenders Act 1974, section 4.
SHC CAPITAL LTD v NTUC INCOME INSURANCE COOPERATIVE LTD
[2011] Lloyd's Rep IR Plus 13
Insurance (liability) - Double insurance - Contribution and reimbursement - Payment by claimant insurer - Indemnity sought from defendant insurer - Whether defendant insurer liable - Effect of voluntary payment by claimant insurer.
ASSOCIATION BELGE DES CONSOMMATEURS TEST-ACHATS ASBL AND OTHERS v CONSEIL DES MINISTRES OF THE KINGDOM OF BELGIUM
[2011] Lloyd's Rep IR Plus 14
Insurance (life) - Sex discrimination - Whether it is lawful for a member state to allow differential premiums and benefits based on sex - European Parliament and Council Directive 2004/113/EC, article 5(2) - EU Treaty, article 6(2) - Charter of Fundamental Human Rights, articles 21 and 23.
GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE "CENDOR MOPU")
[2011] Lloyd's Rep IR Plus 15
Insurance (marine) - Cargo insurance - Oil rig transported on barge lost legs due to fatigue cracking - Whether loss due to perils of the sea - Exclusion for inherent vice - Proximate cause of loss - Institute Cargo Clauses (A) terms - Marine Insurance Act 1906, sections 39, 40 and 55.
REDWING CONSTRUCTION LTD v WISHART
[2011] Lloyd's Rep IR Plus 16
Insurance (after the event) - Recovery of premium by way of costs - reasonableness of premium - Civil Procedure Rules, Parts 44.3 and 44.4.
JACOBS v MOTOR INSURERS BUREAU
[2011] Lloyd's Rep IR Plus 17
Insurance (motor) - English domiciled claimant injured in accident in Spain - Driver uninsured - Action brought against Motor Insurers Bureau - Whether damages to be assessed under Spanish law or English law - Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulations 12 and 13.
MASEFIELD AG v AMLIN CORPORATE MEMBER LTD (THE "BUNGA MELATI DUA")
[2011] Lloyd's Rep IR Plus 18
Insurance (marine) - Piracy - Theft - Vessel seized by pirates - Ransom paid and vessel and cargo released - Whether cargo became an actual total loss on seizure - Whether cargo became a constructive total loss on seizure - Legality of payment of ransom - Suing and labouring - Marine Insurance Act 1906, sections 57 and 78(4) - Theft Act 1968, section 6.
GARNAT TRADING & SHIPPING (SINGAPORE) PTE LTD AND ANOTHER v BAOMINH INSURANCE CORPORATION
[2011] Lloyd's Rep IR Plus 19
Insurance (marine) - Voyage policy on floating dock - Damage suffered in tropical storm - Whether dock seaworthy - Voyage in stages - Whether assured failed to disclose material facts - Inducement and waiver - Marine Insurance Act 1906, sections 18(3) and 39.
AXA CORPORATE SOLUTIONS SA v NATIONAL WESTMINSTER BANK PLC MARSH LTD (PART 20 DEFENDANT)
[2011] Lloyd's Rep IR Plus 20
Insurance - Renewal - Offer and acceptance - Whether renewal excluded terrorism.
WILLIAM MCILROY SWINDON LTD AND ANOTHER v QUINN INSURANCE LTD
[2011] Lloyd's Rep IR Plus 21
Insurance (liability) - Arbitration - Time bar - Insurers denying liability for potential future claim against assured - Whether dispute arising between the parties at that point - Whether assured able to bring judicial proceedings - Extension of time for arbitration - Arbitration Act 1996, section 12 - Third Parties (Rights Against Insurers) Act 1930.
ARGO SYSTEMS FZE v LIBERTY INSURANCE (PTE) AND ANOTHER
[2011] Lloyd's Rep IR Plus 22
Insurance (marine) - TOWCON excluding liability for damage to vessel - Policy containing warranty against holding towers harmless - Whether warranty broken - Whether insurers estopped from relying on breach of warranty - Misrepresentation - Whether insurers waived right to avoid - Whether insurers entitled to recover damages under Misrepresentation Act 1967, section 2(1).
GARD MARINE & ENERGY LTD AND ANOTHER v GLACIER REINSURANCE AG AND ANOTHER
[2011] Lloyd's Rep IR Plus 23
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, articles 5 and 6.
MELINDA HOLDINGS SA v HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD (THE "SILVA")
[2011] Lloyd's Rep IR Plus 24
Insurance (marine) - Seizure of vessel - Whether loss the result of "ordinary judicial process", "action taken for the purpose of enforcing or securing payment of a claim" or "any financial cause of any nature" - Suing and labouring clause - Effect of breach.
HARRISON AND ANOTHER v BLACK HORSE LTD
[2011] Lloyd's Rep IR Plus 26
Insurance (payment protection) - Sale by bank in conjunction with loan - Whether bank in breach of Insurance Conduct of Business Rules - Whether bank negligent - Whether unfair relationship existed - Financial Services and Markets Act 2000, section 150 - ICOB rules 2.3 and 4.3 - Consumer Credit Act 1974, section 140A.
SYNERGY HEALTH (UK) LTD v CGU INSURANCE PLC AND OTHERS
[2011] Lloyd's Rep IR Plus 27
Insurance (material damage and business interruption) - Loss caused by fire - Statement made by assured during currency of policy as to installation of intruder alarm - Whether failure to correct statement amounted to misrepresentation on renewal - Non-disclosure - Waiver of disclosure - Whether fact covered by a warranty - Duty of broker - Measure of indemnity under business interruption policy - Interest - Marine Insurance Act 1906, sections 18(3) and 20.
MUJUR BAKAT SDN BHD AND ANOTHER v UNI.ASIA GENERAL INSURANCE BHD AND OTHERS (THE "MUJUR 1")
[2011] Lloyd's Rep IR Plus 28
Insurance (marine) - Jurisdiction - Policy governed by English law - No choice of jurisdiction - Whether England the most appropriate forum.
YEGANEH v ZURICH PLC AND ANOTHER
[2011] Lloyd's Rep IR Plus 29
Insurance (fire) - Finding of fraud by trial judge - Whether evidence supported finding of fraud.
AXA SEGUROS SA DE CV v ALLIANZ INSURANCE PLC AND OTHERS
[2011] Lloyd's Rep IR Plus 30
Reinsurance - Reports obtained by reinsurers - Whether litigation protected by litigation privilege - Whether litigation possible when reports were made - Purpose of commissioning of reports - Loss of privilege.
GREENE WOOD MCLEAN LLP v TEMPLETON INSURANCE LTD
[2011] Lloyd's Rep IR Plus 31
Insurance (after the event) - Assureds incurring costs in losing application for group litigation order - Insurers refusing indemnity - Solicitors indemnifying assured under guarantee - Whether solicitors had action against ATE insurers - Implied term - Restitution - Contribution - Whether solicitors and counsel owed duty of care to insurers - Civil Liability (Contribution) Act 1978.
AXL RESOURCES LTD v ANTARES UNDERWRITING SERVICES LTD AND ANOTHER
[2011] Lloyd's Rep IR Plus 32
Insurance (all risks) - Mysterious disappearance clause - Cobalt disappearing from warehouse - Burden of proof - Interest.
ZURICH PROFESSIONAL LTD v BROWN AND ANOTHER
[2011] Lloyd's Rep IR Plus 33
Insurance (professional indemnity) - Whether solicitor covered by liability policy - Meaning of "Private Legal Practice" - Meaning of "in connection with the Firm's practice" - Third Parties (Rights Against Insurers) Act 1930.
FOLGATE LONDON MARKET LTD v CHAUCER INSURANCE PLC
[2011] Lloyd's Rep IR Plus 34
Insurance (motor) - Settlement agreement between assured and broker - Broker's liability to terminate in the event of the assured's insolvency - Validity of termination clause - Non-deprivation principle.
SOUSA v LONDON BOROUGH OF WALTHAM FOREST COUNCIL
[2011] Lloyd's Rep IR Plus 35
Insurance (property) - Subrogation - Assured being instructed by insurers to enter into conditional fee agreement with solicitors - Whether success fee recoverable by way of costs from the defendant.
CARSWELL v SECRETARY OF STATE FOR TRANSPORT AND ANOTHER
[2011] Lloyd's Rep IR Plus 36
Insurance (motor) - Motor Insurers' Bureau - Untraced Drivers' Agreement 2003 - Second Motor Insurance Directive, Council Directive 84/5/EEC - Compatibility of Agreement with EU law - Independence of MIB - Costs cap - Enforcement of Agreement - Contracts (Rights of Third Parties) Act 1999.
GARNAT TRADING & SHIPPING (SINGAPORE) PTE LTD AND ANOTHER v BAOMINH INSURANCE CORPORATION
[2011] Lloyd's Rep IR Plus 37
Insurance (marine) - Voyage policy on floating dock - Damage suffered in tropical storm - Whether dock seaworthy - Voyage in stages - Whether assured failed to disclose material facts - Inducement and waiver - Marine Insurance Act 1906, sections 18(3) and 39.
QUANTUM CLAIMS COMPENSATION SPECIALISTS LTD v WREN INSURANCE SERVICES
[2011] Lloyd's Rep IR Plus 38
Insurance (after the event) - Three additional defendants added to claim - Whether consent of insurers should have been sought under policy.
WILLIAM MCILROY (SWINDON) LTD AND OTHERS v QUINN INSURANCE LTD
[2011] Lloyd's Rep IR Plus 39
Insurance (liability) - Arbitration - Time bar - Insurers denying liability for potential future claim against assured - Whether dispute arising between the parties at that point.
GARD MARINE & ENERGY LTD v TUNNICLIFFE AND OTHERS
[2011] Lloyd's Rep IR Plus 40
Reinsurance - Energy risks - Calculation of deductible - Whether deductible to be scaled to reflect the proportion of the assured's interest in the total value of the insured subject matter - Misrepresentation.
GROUND GILBEY LTD AND ANOTHER v JARDINE LLOYD THOMPSON UK LTD
[2011] Lloyd's Rep IR Plus 41
Insurance (fire) - Insurance broker - Premises damaged by fire - Assured in breach of policy term requiring removal of liquefied gas portable heating appliances - Failure by broker to warn assured of obligation to remove appliances - Settlement reached with insurers - Whether broker liable for shortfall - Reasonableness of settlement - Contributory negligence.
ARASH SHIPPING ENTERPRISES CO LTD v GROUPAMA TRANSPORT SVERIGES ANGFARTYGS ASSURANS FORENING (INTERVENING)
[2011] Lloyd's Rep IR Plus 42
Insurance (marine) - Renewal of policy - Whether renewal provisions contravened Iranian sanctions - European Council Regulation (EU) No 961/2010.
PT BUANA SAMUDRA PRATAMA v MARINE MUTUAL INSURANCE ASSOCIATION (NZ) LTD (THE "BUANA DUA")
[2011] Lloyd's Rep IR Plus 43
Insurance (marine) - Institute Time Clauses Hulls - Warranty against use of vessel for towage services - Vessel running aground en route to participate in towage - Whether breach of warranty - Whether held covered clause could be relied upon - Effect of follow leader clause - Fraudulent means and devices.
SANTOS v COMPANHIA EUROPEIA DE SEGUROS SA
[2011] Lloyd's Rep IR Plus 44
Insurance (motor) - Effect of Motor Insurance Directives on civil liability - Claimant injured in no fault accident and awarded 50 per cent of his loss - Whether Portuguese civil law inconsistent with European Parliament and Council Directive 2009/103/EC.