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TESCO STORES LTD v CONSTABLE AND OTHERS

[2008] Lloyd's Rep IR Plus 1

Insurance (public liability) – Assured agreed to indemnify train operator against costs and losses arising from performance of construction contract – Assured taking out public liability policy against liability at law – Whether policy covering contract claims by train operator for loss of future business.

GENERAL MOTORS CORPORATION v ROYAL & SUN ALLIANCE INSURANCE PLC AND ANOTHER

[2008] Lloyd's Rep IR Plus 2

Insurance (liability) – Conflict of laws – Assured commencing proceedings against insurers in Michigan – Assured then commencing proceedings against insurers in England – Consent order made in England whereby parties agreed not to challenge jurisdiction of the English court – Whether order amounted to exclusive jurisdiction agreement – Whether anti-suit injunction should be granted.

SOCIETY OF LLOYD’S v HENDERSON

[2008] Lloyd's Rep IR Plus 3

Lloyd’s – Action against Names for Equitas premiums – Application by Names to amend pleadings to add claim for misfeasance in public office – Whether Lloyd’s a public officer – Whether bad faith proved – Whether claim time-barred – Whether claim abuse of process – Whether new evidence should be admitted in the Court of Appeal.

LIMIT NO 2 LTD v AXA VERSICHERUNG AG

[2008] 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.

FBTO SCHADEVERZEKERINGEN NV v ODENBREIT

[2008] Lloyd's Rep IR Plus 5

Insurance (motor) – Conflict of laws – Direct action by injured party against insurers – Council Regulation 44/2001, articles 9 and 11.

PATEL v WINDSOR LIFE ASSURANCE CO LTD

[2008] Lloyd's Rep IR Plus 6

Insurance (life) – Policy taken out by named assured – Policy subsequently assigned to claimant – Utmost good faith – Whether assured guilty of misrepresentation – Whether sufficient evidence of death of assured – Fraud.

KAJIMA UK ENGINEERING LTD v THE UNDERWRITER INSURANCE CO LTD

[2008] Lloyd's Rep IR Plus 7

Insurance (professional indemnity) – Claims made – Assured entitled to notify circumstances which might reasonably be expected to produce a claim – Notification made – Scope of notification – Whether later claims falling within notified circumstances.

KOREA NATIONAL INSURANCE CORPORATION v ALLIANZ GLOBAL CORPORATE & SPECIALITY AG

[2008] Lloyd's Rep IR Plus 8

Reinsurance – Direct liability policy against loss arising out of use of aircraft – Helicopter crashing and assured incurring liability – Losses paid by insurers – Judgment obtained by insurers against reinsurers – Action for enforcement – Whether reinsurers entitled to defend enforcement proceedings on basis that the parties had entered into a settlement agreement.

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

[2008] Lloyd's Rep IR Plus 9

Insurance (intermediary) – Price comparison website for domestic insurance – Liability of operator of site for VAT – Whether operator of site exempt as insurance broker or insurance agent carrying on any on any of the services of an insurance intermediary – Value Added Tax Act 1994, schedule 9.

LAW SOCIETY OF ENGLAND AND WALES AND OTHERS v SHAH AND OTHERS, IN RE AZIZ, GRAZIANI AND BARDA, LAW SOCIETY OF ENGLAND AND WALES v EARP AND ANOTHER

[2008] Lloyd's Rep IR Plus 10

Insurance (liability) – Assured becoming bankrupt – Assured discharged from bankruptcy – Whether admission of claim in bankruptcy enough to attract operation of Third Parties (Rights Against Insurers) Act 1930 – Effect of discharge from bankruptcy – Insolvency Act 1986, section 281.

COROMIN LTD v AXA RE AND OTHERS

[2008] Lloyd's Rep IR Plus 11

Reinsurance – Business interruption – Policy excluding loss caused to defective plant – Electrical or Mechanical Breakdown Extension bringing loss caused to defective plant within scope of cover – Whether condition for “official acceptance” of plant satisfied – Whether business interruption cover extended to plant not in existence during currency of policy but affected during indemnity period.

AIG EUROPE (IRELAND) LTD v FARADAY CAPITAL LTD

[2008] Lloyd's Rep IR Plus 12

Reinsurance – Claims cooperation clause – Reinsured required to notify losses within 30 days or as soon as reasonably practicable – Claims made against assured by third parties – Settlement reached between assured – Date of loss – Whether reinsured in breach of clause.

KOSMAR VILLA HOLIDAYS PLC v TRUSTEES OF SYNDICATE 1243

[2008] Lloyd's Rep IR Plus 13

Insurance (liability) – Policy containing condition precedent requiring immediate notification of occurrence of injury or damage – Notice of injury not given for over a year after occurrence – Whether insurers had waived by breach – Whether waiver by election of condition precedent possible – Whether insurers estopped from denying liability.

WASA INTERNATIONAL INSURANCE CO AND ANOTHER v LEXINGTON INSURANCE CO

[2008] Lloyd's Rep IR Plus 14

Reinsurance – Reinsured providing property cover for three year period to assured – Proportional reinsurance written as original and follow the settlements, but covering property damage occurring during currency of the reinsurance – US court holding reinsured liable for property damage dating back 50 years before inception of cover – Reinsured settling – Whether reinsurers bound by settlement – Whether deductible clause in reinsurance applied per occurrence.

ANDERS & KERN UK LTD v CGU INSURANCE PLC

[2008] Lloyd's Rep IR Plus 15

Insurance (theft) – Policy clause requiring assured to maintain intruder alarm when premises were unoccupied unless there was violence or a threat of violence – Whether reasonable belief of threat of violence sufficed – Whether term to be implied to allow premises to be unoccupied in the event of threat of violence – Whether insurers under duty to consider retroactively a request to give consent to premises being left unoccupied and unalarmed.

ZELLER v BRITISH CAYMANIAN INSURANCE CO LTD

[2008] Lloyd's Rep IR Plus 16

Insurance (health) – Group life policy – Non-disclosure – Breach of warranty – Assured not disclosing heart condition – Whether assured making disclosure to best of knowledge and belief.

COMMISSION OF THE EUROPEAN COMMUNITIES v IRELAND

[2008] Lloyd's Rep IR Plus 17

Insurance (motor) – Rights of passengers injured while travelling in uninsured vehicles – Whether Irish Motor Insurance Bureau Agreement compatible with EU law – Council Directive 84/5/EEC, article 1(4).

C A BLACKWELL (CONTRACTORS) LTD v GERLING ALLEGEMEINE VERSICHERUNGS AG

[2008] Lloyd's Rep IR Plus 18

Insurance (construction) – Road damaged by bad weather – Whether assured had “all risks” policy – Whether loss fortuitous even though bad weather was foreseeable – Whether assured guilty of wilful misconduct – Whether property subject to defects within meaning of exclusion.

PALMER v PALMER AND OTHERS

[2008] Lloyd's Rep IR Plus 19

Insurance (liability) – Claim brought against assured for negligence – Assured insolvent – Liability insurers defending claim – Whether insurers should be personally liable for claimant’s costs – Supreme Court Act 1981, section 51.

STANDARD LIFE ASSURANCE LTD v OAK DEDICATED LTD AND OTHERS

[2008] Lloyd's Rep IR Plus 20

Insurance (liability) – Aggregation – Mis-selling of endowment policies – Whether policy providing for per claimant deductible or aggregate deductible – Whether brokers liable for breach of duty – Causation – Contributory negligence – Limitation – Effect of transfer of insurance business by demutualisation – Financial Services and Markets Act 2000, section 112.

ANSARI v NEW INDIA ASSURANCE LTD

[2008] Lloyd's Rep IR Plus 21

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.

BRIT SYNDICATES LTD AND OTHERS v ITALAUDIT SPA AND OTHERS

[2008] Lloyd's Rep IR Plus 22

Insurance (professional indemnity) – Composite policy – Umbrella organisation insuring itself and its members against professional liability – Policy covering umbrella organisation where facing liability for claims made against insured members – Policy avoided against member – Whether umbrella organisation nevertheless entitled to indemnity for claims against member.

PRATT v AIGAION INSURANCE CO SA

[2008] Lloyd's Rep IR Plus 23

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.

TYCO FIRE & INTEGRATED SOLUTIONS (UK) LTD v ROLLS-ROYCE MOTOR CARS LTD

[2008] Lloyd's Rep IR Plus 24

Construction – Contract requiring contractor to indemnify employer against risk of loss to works and existing structures – Joint names insurance clause stating that employer would take out joint names insurance against specified risks – Whether insurance provision excluded liability of contractor for loss caused by his negligence.

TESCO STORES LTD v CONSTABLE AND OTHERS

[2008] Lloyd's Rep IR Plus 25

Insurance (public liability) – Assured agreed to indemnify train operator against costs and losses arising from performance of construction contract – Assured taking out public liability policy against liability at law – Whether policy covering contract claims by train operator for loss of future business.

TEMPLE LEGAL PROTECTION LTD v QBE INSURANCE (EUROPE) LTD

[2008] Lloyd's Rep IR Plus 26

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.

DUNLOP HEYWARDS (DHL) LTD v ERINACEOUS INSURANCE SERVICES LTD

[2008] Lloyd's Rep IR Plus 27

Insurance (professional indemnity) – Instructions to renew given by producing brokers to placing brokers – Policy confining cover to commercial property management – Claim by assured against producing brokers – Whether insurers should be joined to proceedings – Whether policy should be rectified – Claim by producing brokers against placing brokers – Whether claim for indemnity or contribution should be struck out.

WEST LONDON PIPELINE AND STORAGE LTD AND ANOTHER v TOTAL UK LTD AND OTHERS TAV ENGINEERING LTD (THIRD PARTY) MOTHERWELL CONTROL SYSTEMS 2003 LTD (FOURTH PARTY)

[2008] Lloyd's Rep IR Plus 28

Insurance (liability) – Application for disclosure of insurance details against third party – Whether insurance relevant to apportionment – Civil Liability (Contribution) Act 1978 – Whether court possessed jurisdiction to order disclosure – CPR Parts 18 and 31.

REILLY v NATIONAL INSURANCE AND GUARANTEE CORPORATION LTD

[2008] Lloyd's Rep IR Plus 29

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.

BYRNE v MOTOR INSURERS’ BUREAU AND ANOTHER

[2008] Lloyd's Rep IR Plus 30

Insurance (motor) – Motor Insurers’ Bureau Untraced Drivers Agreement – Victim injured aged three – MIB agreement containing three-year time bar – Action not brought for 13 years – Whether three-year time bar consistent with Second Motor Insurance Directive – Whether agreement to be construed to comply with Directive – Whether Directive enforceable against MIB – Whether UK government liable in damages – Council Directive 84/5/EC.

SCOTTISH COAL CO LTD AND OTHERS v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS

[2008] Lloyd's Rep IR Plus 31

Insurance (property and business interruption) – Loss in coal mine caused by collapse of roof – Effect of notice of cancellation at anniversary date (NCAD) clause – Whether assured disclosed change of working methods – Whether insurers had established materiality and inducement – Whether insurers had waived the right to avoid – Effect of increase of risk, reasonable care and inspection clauses.

SEELE AUSTRIA GMBH & CO KG v TOKIO MARINE EUROPE INSURANCE LTD

[2008] Lloyd's Rep IR Plus 32

Insurance – Contractors’ All Risks policy – Insurance against damage caused by defects in property – Exclusion for damage deliberately inflicted to remedy a defect – Windows defective and leaked – Whether property damaged – Whether cost of removing cladding to repair windows recoverable under policy – Meaning of deductible.

MCGRATH v RIDDELL

[2008] Lloyd's Rep IR Plus 33

Insolvency – Conflict of laws – Jurisdiction – Cross-border insolvency – Choice of law – Foreign insurance company in insolvent liquidation in Australia and auxiliary liquidation in the UK – Australian liquidators requested the transfer of UK assets to Australia to be distributed in accordance with Australian insolvency law – Whether court had power to direct the remission of the UK assets to Australia – Whether such power based on inherent common law jurisdiction or statute – Whether that power should be exercised in the present case – Whether to permit application of Australian insolvency regime to assets – Insolvency Act 1986, section 426(4) and (5).

LEXINGTON INSURANCE CO AND OTHERS v MULTINACIONAL DE SEGUROS SA

[2008] Lloyd's Rep IR Plus 34

Reinsurance – Claims cooperation clause expressed to be condition precedent – Reinsurers denying liability for breach of condition but continuing to negotiate with reinsured – Whether reinsured subsequently in breach of condition by waiving a time bar defence against the assured – Authority of reinsured’s agent – Whether reinsurers had waived compliance with the claims condition.

RAMCO LTD AND ANOTHER v WELLER RUSSELL & LAWS INSURANCE BROKERS LTD

[2008] Lloyd's Rep IR Plus 35

Insurance broker – Policy placed for bailee – Policy covering losses only where bailee faced liability for goods – Whether brokers in breach of duty – Measure of damages.

BEDFORDSHIRE POLICE AUTHORITY v CONSTABLE

[2008] Lloyd's Rep IR Plus 36

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.

EQUITAS LTD v ALLSTATE INSURANCE CO

[2008] Lloyd's Rep IR Plus 37

Reinsurance – Conflict of laws – Dispute between reinsured and excess of loss reinsurers in arbitration in the US – Further dispute between excess of loss reinsurers and quota share reinsurers – QS reinsurers commencing judicial proceedings in England – Whether English proceedings should be stayed on case management grounds.

GREENE WOOD & MCLEAN v TEMPLETON INSURANCE LTD

[2008] Lloyd's Rep IR Plus 38

Insurance (after the event) – Conflict of laws – Claim form served outside the jurisdiction – Whether action had reasonable prospects of success – Whether claim form should be set aside for material non-disclosure.

ALLIANZ INSURANCE CO EGYPT v AIGAION INSURANCE CO SA

[2008] Lloyd's Rep IR Plus 39

Reinsurance (marine) – Inception of risk – Deferred premium clause – Whether reinsurance void for uncertainty – Effect of late payment of premium – Marine Insurance Act 1906, section 53(1).

MARKEL INTERNATIONAL INSURANCE CO LTD v SURETY GUARANTEE CONSULTANTS LTD AND OTHERS QBE INSURANCE (EUROPE) LTD AND ANOTHER v SURETY GUARANTEE CONSULTANTS LTD AND OTHERS

[2008] Lloyd's Rep IR Plus 40

Insurance – Underwriting agent – Binding authorities – Agent issuing surety bonds in excess of financial and geographical limits permitted by agency agreements – Liability of agency and of its controllers and employees – Whether individuals owed fiduciary duties to insurers – Conspiracy to injure – Knowing assistance with breach of fiduciary duty – Inducing breach of contract.

MOPANI COPPER MINES PLC v MILLENNIUM UNDERWRITING LTD

[2008] Lloyd's Rep IR Plus 41

Reinsurance – Slip scratched for Construction/Erection and Operational Risks – Condition for extension of coverage running from date of commissioning of final building and for operational risks inserted subject to approval by reinsurers – Condition later agreed with deletion of cover for operational risks – Whether contract included operational risks – Whether deletion could be used as aid to interpretation of slip.

HARRIS & OTHERS v SOCIETY OF LLOYD’S ADAMS v SOCIETY OF LLOYD’S

[2008] Lloyd's Rep IR Plus 42

Lloyd’s – Rights of representation – Courts and Legal Services Act 1990, section 27 – Claim by Name against Society – Allegation of fraudulent misrepresentation and breach of fiduciary duty – Whether proceedings should be struck out for abuse of process – Whether claims time-barred – Whether action barred by legislation – Lloyd’s Act 1982, section 14 – Limitation Act 1980, sections 2 and 32

KAMIDIAN v HOLT AND OTHERS

[2008] Lloyd's Rep IR Plus 43

Insurance (fine art) – Dr Metzger Egg Clock loaned to gallery under loan agreement – Clock sustaining damage in transit – Further damage discovered after return journey – Whether claimant had title to sue insurers – Whether claimant guilty of misrepresentation in respect of provenance of clock – Whether claimant under a duty to disclose doubts as to provenance – Bailment – Whether claimant entitled to recover in bailment or under loan agreement from borrower or from co-curators – Measure of damages.

UNDERWRITING MEMBERS OF LLOYD’S SYNDICATE 980 v SINCO SA

[2008] Lloyd's Rep IR Plus 44

Insurance – Binding authority – Conflict of laws – Binding authority given to Greek brokers and containing exclusive arbitration clause – Proceedings commenced in England by underwriters but not served – Proceedings commenced by brokers in Greece – New claim for breach of jurisdiction clause added to original English action – Whether new claim should be stayed – Brussels Regulation, Council Regulation 44/2001, articles 27 and 30.

MALIK v MONEYWISE INVESTMENTS PLC

[2008] Lloyd's Rep IR Plus 45

Insurance (property) – Broker – Insurers avoiding policy – Whether relevant information given by assured to broker – Whether brokers under duty to explain policy wording to assured – Causation.

HLB KIDSONS AND OTHERS v LLOYD’S UNDERWRITERS SUBSCRIBING TO POLICY 621/PKID00101 AND OTHERS

[2008] Lloyd's Rep IR Plus 46

Insurance (professional indemnity) – Policies requiring assured to give notice in writing as soon as practicable of any circumstances of which it became aware – Whether assured became aware of circumstances – Whether valid notification given to underwriters – Whether clause constituted a condition precedent to underwriters’ liability.

RE WHITELEY INSURANCE CONSULTANTS

[2008] Lloyd's Rep IR Plus 47

Insurance – Intermediary carrying on insurance business without authorisation to do so – Intermediary becoming insolvent – Valuation of claims against intermediary – Financial Services and Markets Act 2000, sections 19, 20, 26 and 28 – Insurers (Winding up) Rules 2001.

LLR: Insurance & Reinsurance Plus