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TED BAKER PLC AND ANOTHER v AXA INSURANCE UK PLC AND OTHERS
[2013] Lloyd's Rep IR Plus 1
Insurance (property and business interruption) - Whether employee theft was excluded - Construction - Estoppel by convention - Rectification - Misrepresentation.
RIDGECREST NZ LTD v IAG NEW ZEALAND LTD
[2013] Lloyd's Rep IR Plus 2
Insurance (property) - Measure of indemnity - Assured suffering four losses during currency of policy - Whether unrepaired partial losses merged into total loss - Whether reinstatement frustrated by later events - Marine Insurance Act 1908, section 77.
CHURCHILL INSURANCE CO LTD v FITZGERALD AND ANOTHER EVANS v COCKAYNE AND ANOTHER SECRETARY OF STATE FOR TRANSPORT (INTERVENING)
[2013] Lloyd's Rep IR Plus 3
Insurance (motor) - Insured person injured as passenger in his own vehicle while being driven by uninsured person - Whether insurers entitled to recover sums paid to the passenger from the passenger himself - Consolidated Motor Insurance Directive 2009, European Parliament and Council Directive 2009/103/EC - Road Traffic Act 1988, section 151(8).
AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE "PRINCESS OF THE STARS")
[2013] Lloyd's Rep IR Plus 5
Reinsurance (excess of loss) - Conflict of laws - Claim against the reinsured in the Philippines under policy governed by local law - Excess of loss reinsurance agreement governed by English law and subject to English jurisdiction - Claim by reinsurers for negative declaratory relief - Whether action should be stayed - Senior Courts Act 1981, section 43(3) - CPR 3.1(2)(f).
FAIRCLOUGH HOMES LTD v SUMMERS
[2013] Lloyd's Rep IR Plus 6
Insurance (liability) - Fraudulent claim against assured - Whether claim could be struck out after judgment given - Interest - Costs - Contempt of court - CPR 3.4(2) and 32.14(1) - Inherent jurisdiction.
PARKER AND ANOTHER v NATIONAL FARMERS UNION MUTUAL INSURANCE SOCIETY LTD
[2013] Lloyd's Rep IR Plus 7
Insurance (fire) - Composite policy - Deliberate destruction by one co-assured - Non-disclosure of previous fraudulent claims - Effect of fraud and non-disclosure by one co-assured - Subrogation - Condition precedent relating to claims - Effect of breach - Whether breach excused by Unfair Terms in Consumer Contracts Regulations 1999 - Effect of ICOBS 8.
NULTY AND OTHERS v MILTON KEYNES BOROUGH COUNCIL
[2013] Lloyd's Rep IR Plus 8
Insurance (public liability) - Test for determining cause of loss - Third Parties (Rights Against Insurers) Act 1930.
CHEUNG KWAN WAH v CHINA PING AN INSURANCE (HONG KONG) CO LTD
[2013] Lloyd's Rep IR Plus 9
Insurance (motor) - Duty of disclosure - Limited question - Assured not disclosing disqualifications and speeding - Whether facts material - Whether disclosure waived.
DIGITAL SATELLITE WARRANTY COVER LTD v FINANCIAL SERVICES AUTHORITY
[2013] Lloyd's Rep IR Plus 10
Insurance (regulation) - Repair and replacement of defective or damaged equipment - Whether amounting to insurance business for miscellaneous financial loss - Winding up of unauthorised insurer - Financial Services and Markets Act 2000, sections 19 and 367 - Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544, article 10, class 16.
AXN AND OTHERS v WORBOYS AND ANOTHER
[2013] Lloyd's Rep IR Plus 11
Insurance (motor) - Vehicle used to carry out sexual assaults - Whether motor insurers were liable - Whether claims arose out of use of vehicle on road - Whether policy covered claims - "Accident" - Social, domestic or pleasure purposes - Primary purpose - Road Traffic Act 1988, sections 145 and 151.
HAWKSFORD TRUSTEES JERSEY LTD v STELLA GLOBAL UK LTD AND ANOTHER
[2013] Lloyd's Rep IR Plus 12
Insurance (after the event) - Respondent successful at trial - Appellant appealed - Respondent took out ATE policy just before appeal hearing - Appeal dismissed - Whether ATE premium representing risk of trial judge's costs award being overturned awardable by way of costs by Court of Appeal - Access to Justice Act 1999, section 29.
AXA INSURANCE UK PLC v THERMONEX LTD
[2013] Lloyd's Rep IR Plus 13
Insurance (public liability and contractors' all risks) - Property allegedly defective - Whether public liability policy covered remediation costs - Notification clauses - Whether condition precedent - Whether failure to notify - Negative declaratory relief - CPR 40.20.
ASTRAZENECA INSURANCE CO LTD v XL INSURANCE (BERMUDA) LTD AND ANOTHER
[2013] Lloyd's Rep IR Plus 14
Reinsurance - Liability insurance - Bermuda Form - Whether New York law relevant - Liability of assured to policyholder for defence costs and settlement - Whether reinsured had to prove liability of assured as a matter of law - Whether reinsured liable for defence costs where claim itself not covered by policy.
AIOI NISSAY DOWA INSURANCE CO LTD v HERALDGLEN LTD AND ANOTHER
[2013] Lloyd's Rep IR Plus 15
Reinsurance (excess of loss) - Aggregation - Whether 9/11 attacks on World Trade Center constituted one event or two - Arbitration Act 1996, section 69.
BROWN-QUINN AND ANOTHER v EQUITY SYNDICATE MANAGEMENT LTD AND ANOTHER
[2013] Lloyd's Rep IR Plus 16
Insurance (legal expenses, before the event cover) - Insurers appointing panel solicitors at fixed rates - Whether assured required to use panel solicitors - Whether assured permitted to use other solicitors at higher rates - Effect of policy term bringing cover to an end on change of solicitors â Legal Expenses Insurance Directive, Council Directive 87/344/EEC - Insurance Companies (Legal Expenses Insurance) Regulations 1990.
EUI LTD v BRISTOL ALLIANCE LIMITED PARTNERSHIP
[2013] Lloyd's Rep IR Plus 17
Insurance (motor) - Damage caused by allegedly deliberate act - Whether motor insurer liable to indemnify victim - Road Traffic Act 1988, sections 145, 148 and 151 - Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.
PACIFIC CHEMICALS PTE LTD v MSIG INSURANCE (SINGAPORE) PTE LTD
[2013] Lloyd's Rep IR Plus 18
Insurance (property damage) - Heating system shut down - Acid in tank solidifying and tank itself buckling - Whether damage "unforeseen and sudden" - Proximate cause of loss
INTERNATIONAL ENERGY GROUP LTD v ZURICH INSURANCE PLC UK
[2013] Lloyd's Rep IR Plus 19
Insurance (employers' liability) - Mesothelioma - Claim against employer governed by law of Guernsey - Employer liable only for proportion of loss - Effect on insurance claim.
SINGH v YAQUBI
[2013] Lloyd's Rep IR Plus 20
Insurance (motor) - Cost of hiring replacement vehicle - Business use - Whether claimant established a need for a replacement vehicle.
TURVILLE HEATH INC v CHARTIS INSURANCE
[2013] Lloyd's Rep IR Plus 21
Insurance (property) - Dispute resolution clause - Insurers seeking stay of legal proceedings - Whether parties had agreed to arbitrate - Nature of dispute - Stay of proceedings under inherent jurisdiction - Arbitration Act 1996, sections 6 and 9 - Senior Courts Act 1981, section 49.
MARQUES ALMEIDA v COMPANHIA DE SEGUROS FIDELIDADE-MUNDIAL SA AND OTHERS
[2013] Lloyd's Rep IR Plus 22
Insurance (motor) - Injury to passenger - Portuguese law restricting liability where passenger at fault - Whether rule consistent with EU law - Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.
MARCHAND AND OTHERS v JACKSON
[2013] Lloyd's Rep IR Plus 23
Insurance broker - Duty of care - Failure by broker to place insurance - Whether broker in breach of duty - Whether risk insurable - Contributory negligence.
O'LOUGHLIN AND ANOTHER v TOWER INSURANCE LTD
[2013] Lloyd's Rep IR Plus 24
Insurance (property) - Building damaged by earthquakes - Building in red zone area - Whether red zoning meant physical loss or damage had been sustained - Measure of indemnity.
CLARK AND ANOTHER v IN FOCUS ASSET MANAGEMENT & TAX SOLUTIONS LTD
[2013] Lloyd's Rep IR Plus 25
Financial Ombudsman Service - Award made up to statutory maximum - Ombudsman recommending payment above statutory maximum - Whether applicant able to sue for amount recommended - Doctrine of merger - Financial Services and Markets Act 2000, part XVI.
ACE EUROPEAN GROUP AND OTHERS v STANDARD LIFE ASSURANCE LTD
[2013] Lloyd's Rep IR Plus 26
Insurance (professional indemnity) - Mitigation Costs - Assured establishing Fund and inviting claims by customers - Whether costs of establishing fund constituted Mitigation Costs - Whether mixed motive of assured in establishing fund justified apportionment.
TURVEY TRUSTEE LTD v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD
[2013] Lloyd's Rep IR Plus 27
Insurance - Damage to property - Insurers required to pay full replacement cost - Insurers required to pay additional costs - Method of calculating costs.
JOYCE v O'BRIEN AND ANOTHER
[2013] Lloyd's Rep IR Plus 28
Insurance (motor) - Duty of care - Ex turpi causa - Claimant injured while leaving scene of a theft in a van driven by the defendant - Whether claimant could recover from defendant for negligent driving.
HOWDEN GROUP LTD AND ANOTHER v ACE EUROPEAN LTD AND OTHERS
[2013] Lloyd's Rep IR Plus 29
Insurance (liability) - Conflict of laws - Jurisdiction - Negative declaratory relief - Applicable law - Whether England most appropriate forum for hearing of claim - CPR PD 6B, para 3.1(6).
VERSLOOT DREDGING BV v HDI-GERLING INDUSTRIE VERSICHERUNG AG (THE "DC MERWESTONE")
[2013] Lloyd's Rep IR Plus 30
Insurance (marine) - Time policy - Institute Time Clauses Hulls 1983 - Institute Additional Perils Clauses - Perils of the seas - Inchmaree clause - Negligence of crew and repairers - Due diligence - Whether vessel unseaworthy - Measure of indemnity - Fraudulent claim - Fraudulent means and devices - Marine Insurance Act 1906, sections 39(5), 55 and 69.
BEAZLEY UNDERWRITING LTD AND OTHERS v AL AHLEIA INSURANCE CO AND OTHERS
[2013] Lloyd's Rep IR Plus 31
Interpretation - Whether reinsured had compromised or settled claim - Whether reinsurers had been given opportunity to control negotiations.
TJK (NZ) LTD v MITSUI SUMITOMO INSURANCE CO LTD
[2013] Lloyd's Rep IR Plus 32
Insurance (property) - Measure of indemnity - Building destroyed by earthquake - Whether assured entitled to payment of indemnity before reinstatement.
BATE v AVIVA INSURANCE UK LTD
[2013] Lloyd's Rep IR Plus 33
Insurance (property) - Utmost good faith - Materiality and inducement - Failure to disclose building and business activities on adjoining buildings - False statements about previous claims - ICOB - Financial Services and Markets Act 2000, section 150.
ACE EUROPEAN GROUP LTD AND OTHERS v CHARTIS INSURANCE UK LTD
[2013] Lloyd's Rep IR Plus 34
Insurance (marine) - Cargo damaged - Whether damage occurred before or after delivery - Doctrine of proximate cause - Proof of cause.
MCMANUS AND OTHERS v EUROPEAN RISK INSURANCE CO
[2013] Lloyd's Rep IR Plus 35
Insurance (liability) - Claims made policy - Notification of circumstances - Whether notification valid without identifying claimants and transactions - Declaratory relief in advance of claims being made against the assured.
A J BUILDING AND PLASTERING LTD v TURNER AND OTHERS
[2013] Lloyd's Rep IR Plus 36
Insurance (property) - Insurers appointing contractors to repair insured premises - Sub-contractors appointed - Insurers paying contractors - Sub-contractors unpaid - Whether sub-contractors had a claim for payment against assureds - Unfair Terms in Consumer Contracts Regulations 1999 - Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008.
M J GLEESON GROUP PLC v AXA CORPORATE SOLUTIONS ASSURANCE SA
[2013] Lloyd's Rep IR Plus 37
Insurance (public liability) - Policy triggered by damage to property - Extension to policy for defective workmanship - Whether physical damage required.
SEA GLORY MARITIME CO AND ANOTHER v AL SAGR NATIONAL INSURANCE CO (THE "M/V NANCY")
[2013] Lloyd's Rep IR Plus 38
Insurance (marine) - Misrepresentation â Non-disclosure - Materiality and inducement - Warranty that vessel was ISM compliant - Proper construction of warranty - Whether warranty broken - Illegality - Warranty of legality - Marine Insurance Act 1906, sections 3(2)(a), 18, 20 and 41.
HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD (THE "HO FENG 7")
[2013] Lloyd's Rep IR Plus 39
Insurance (marine) - Open cover - Vessel identified in application - Whether policy contained deadweight tonnage condition - Construction - Rectification - Estoppel â Duty of disclosure - Agency of broker - Whether broker in breach of duty.
NEW ZEALAND LOCAL GOVERNMENT INSURANCE CORPORATION LTD v R+V VERSICHERUNG AG
[2013] Lloyd's Rep IR Plus 40
Reinsurance - Excess of loss treaty - Loss settlement clause - Limit of indemnity - Aggregation of losses.
ASPEN INSURANCE UK LTD v ADANA CONSTRUCTION LTD
[2013] Lloyd's Rep IR Plus 41
Insurance (public and product liability) - Assured constructing base for crane - Crane collapsing - Whether policy covered claim against assured.
RIDGECREST NEW ZEALAND LTD v IAG NEW ZEALAND
[2013] Lloyd's Rep IR Plus 42
Insurance (property) - Successive unrepaired partial losses followed by total loss in the same policy year - Whether assured could recover for all losses - Construction of the policy.
ARB INTERNATIONAL LTD v BAILLIE
[2013] Lloyd's Rep IR Plus 43
Reinsurance - Broker - Claim against managing director following mid-term broker change - Whether managing director in breach of duty - When commission was earned.
AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE "PRINCESS OF THE STARS")
[2013] Lloyd's Rep IR Plus 44
Reinsurance - Marine policy - Warranty in reinsurance against leaving port or adopting intended route where a typhoon or storm warning was in force - Construction of warranty - Whether warranty broken.
OAKAPPLE HOMES (GLOSSOP) LTD v DTR (2009) LTD (IN LIQUIDATION) AND OTHERS
[2013] Lloyd's Rep IR Plus 45
Insurance (professional indemnity) - Liability under collateral warranties - Effect of policy exclusion for liability under collateral warranties.
TEAL ASSURANCE CO LTD v W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER
[2013] Lloyd's Rep IR Plus 46
Reinsurance - Allocation of liabilities to underlying policies - Effect on reinsurance.
WEST MIDLANDS TRAVEL LTD v AVIVA INSURANCE UK LTD
[2013] Lloyd's Rep IR Plus 47
Insurance (motor) - Bus damaged in motor accident - Measure of damages for public service vehicle.
HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD AND ANOTHER (THE "HO FENG 7")
[2013] Lloyd's Rep IR Plus 48
Insurance (marine) - Warranty as to deadweight tonnage of vessel - Vessel not fulfilling terms of warranty - Whether insurer entitled to rely upon warranty - Duty of utmost good faith - Liability of insurance broker - Marine Insurance Ordinance, sections 18 and 33.
IAG NEW ZEALAND LTD v JACKSON
[2013] Lloyd's Rep IR Plus 49
Insurance (professional indemnity) - Insurance broker failing to obtain insurance - Broker subsequently fraudulently stating that insurance was in place - Whether exclusion for claims in connection with fraud was applicable.
MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD AND ANOTHER v THE MAYORâS OFFICE FOR POLICING AND CRIME ROYAL & SUN ALLIANCE INSURANCE PLC v THE MAYOR'S OFFICE FOR POLICING AND CRIME LACE INTERNATIONAL LTD AND OTHERS v THE MAYOR'S OFFICE FOR POLICING AND CRIME
[2013] Lloyd's Rep IR Plus 50
Insurance (property) - Riot - Definition of riot - Persons riotously and tumultuously assembled together - Whether consequential losses including loss of profit and loss of rent recoverable under Riot (Damages) Act 1886 - Public Order Act 1986, section 1.
GEOPHYSICAL SERVICE CENTRE CO v DOWELL SCHLUMBERGER (ME) INC
[2013] Lloyd's Rep IR Plus 51
Insurance (after the event) – Security for costs – Whether existence of ATE policy justified refusal of order for security – CPR 25.13.
SKYWARD AVIATION 2008 LTD v TOWER INSURANCE LTD
[2013] Lloyd's Rep IR Plus 52
Insurance (property) – House damaged by earthquake – Measure of indemnity under policy – Whether choice of method of indemnity was for the insurer – Whether insurer had elected to pay based on full replacement value.
HAMCOR PTY LTD AND ANOTHER v MARSH PTY LTD AND ANOTHER
[2013] Lloyd's Rep IR Plus 53
Insurance (liability) – Broker not adding claimant to liability policies as named assured – Whether broker negligent – Whether policies would have covered claimant’s liability for clean-up costs.
BODY CORPORATE 83501 AND OTHERS v CHRISTCHURCH CITY COUNCIL AND OTHERS
[2013] Lloyd's Rep IR Plus 54
Insurance (liability) - Building complex allegedly defective - Broadform Liability Policy covering product liability and public liability - Whether complex itself a product.