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BLOY AND ANOTHER v MOTOR INSURERS' BUREAU

[2014] Lloyd's Rep IR Plus 1

Insurance (motor) - Consolidated Motor Insurance Directive, Directive 2009/103/EC - Motor Vehicle (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, SI 2003/37, Regulations 12 and 13.

BUPA AUSTRALIA PTY LTD v SHAW AND ANOTHER

[2014] Lloyd's Rep IR Plus 2

Insurance (medical expenses) - Subrogation - Assured settling tort claim with surgeon - Whether assured had compromised insurers' subrogation rights - Effect of voluntary payment by insurers.

HERRIDGE v PARKER AND ANOTHER

[2014] Lloyd's Rep IR Plus 3

Insurance (after the event) - Insurers avoiding policy for fraud by the assured - Claim discontinued - Whether insurers liable for the defendant's costs by way of a third party costs order - Senior Courts Act 1981, section 51(3).

EUROPEAN RISK INSURANCE CO HF v MCMANUS AND OTHERS (TRADING AS MCMANUS SEDDON RUNHAMS)

[2014] Lloyd's Rep IR Plus 4

Insurance (professional indemnity) - Notification of circumstances - Whether blanket notification valid - Whether declaration should have been granted - Costs.

INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v EQUITAS INSURANCE LTD

[2014] Lloyd's Rep IR Plus 5

Reinsurance - Conflict of laws - Reinsured commencing proceedings in England and New York - Whether reinsurers entitled to an anti-suit injunction - Whether reinsured could seek a stay of the English proceedings - Applicable law.

RATHBONE BROTHERS PLC AND ANOTHER v NOVAE CORPORATE UNDERWRITING LTD AND OTHERS

[2014] Lloyd's Rep IR Plus 6

Insurance (professional indemnity) - Scope of cover - Double insurance - Effect of clause postponing coverage to other insurance or indemnity - Whether subrogation available against a contractual indemnifier.

VENETICO MARINE SA v INTERNATIONAL GENERAL INSURANCE CO LTD AND OTHERS (THE “IRENE EM”)

[2014] Lloyd's Rep IR Plus 7

Insurance (marine) – Institute Hull Clauses (Time) 1995 – Grounding – Perils of the seas – Negligence of master or crew – Actual total loss – Constructive total loss – Marine Insurance Act 1906, sections 55, 57 and 60, and schedule, para 7.

ARTS & ANTIQUES LTD v RICHARDS AND OTHERS

[2014] Lloyd's Rep IR Plus 8

Insurance - Broker - Arbitration - Arbitrator dismissing claim on basis of breach of condition precedent - Further claim against insurer and broker - Issue estoppel - Abuse of process - Security for costs.

DROZDOVS v BALTIKUMS AAS

[2014] Lloyd's Rep IR Plus 9

Insurance (motor) - Damages for non-material damage - Where domestic law recognises such damages, whether damages can be capped at a figure less than that in the Consolidated Motor Insurance Directive for personal injury - First Motor Insurance Directive, Council Directive 72/166/EEC, article 3 - Second Motor Insurance Directive, Council Directive 84/5/EEC, article 1.

SNELLER v DAS NEDERLANDSE RECHTSBIJSTAND VERZEKERINGSMAATSCHAPPIJ NV

[2014] Lloyd's Rep IR Plus 10

Insurance (legal expenses) - Right of assured to choose his own lawyer - Legal Expenses Insurance Directive, Council Directive 87/344/EEC.

GENESIS HOUSING ASSOCIATION LTD v LIBERTY SYNDICATE MANAGEMENT LTD FOR AND ON BEHALF OF LIBERTY SYNDICATE 4472 AT LLOYD'S

[2014] Lloyd's Rep IR Plus 11

Insurance (property) - Basis of contract clause - Name of builder misstated - Whether assured warranted identity of builder - Construction of basis clause - Whether policy terms inconsistent with warranty.

EQUITAS LTD AND ANOTHER v WALSHAM BROTHERS & CO LTD

[2014] Lloyd's Rep IR Plus 12

Reinsurance - Brokers - Recovery of claims and return premiums from brokers - Nature of duty of broker to collect money from reinsurers - Duty of care - Restitution - Whether duty absolute or continuing - Whether compound interest awardable for failure to remit funds - Nature of equitable set-off - Limitation of actions.

COLES AND OTHERS v HETHERTON AND OTHERS

[2014] Lloyd's Rep IR Plus 13

Insurance (motor) - Damaged vehicle - Measure of damages - Subrogation - Significance of insurer's conduct in arranging repairs.

IN THE MATTER OF THE ALEXANDROS T IN THE MATTER OF THE ALEXANDROS T (NO 2) IN THE MATTER OF THE ALEXANDROS T (NO 3)

[2014] Lloyd's Rep IR Plus 14

Insurance (marine) - Conflict of laws - Settlement contract governed by English law and jurisdiction - Later proceedings in Greece - Whether English proceedings to be stayed - Brussels Judgments Regulation, Council Regulation (EC) No 44/2001, articles 27 and 28.

BRITISH-AMERICAN INSURANCE (KENYA) LTD v MATELEC SAL AND ANOTHER

[2014] Lloyd's Rep IR Plus 15

Reinsurance - Insurance and reinsurance contracts contained in a single document - Arbitration clause referring only to reinsurance - Whether arbitration clause extended to insurance - Application for appointment for arbitrator - Arbitration Act 1996, section 18.

SPEDITION WELTER GMBH v AVANSSUR SA

[2014] Lloyd's Rep IR Plus 16

Insurance (motor) - Accident occurring in France - Proceedings brought in Germany - Service on insurers' nominated claims representative in Germany - Scope of authority required of claims representative - Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC, article 21(5).

XYZ v VARIOUS (THE PIP BREAST IMPLANT LITIGATION)

[2014] Lloyd's Rep IR Plus 17

Insurance (liability) - Disclosure by defendant of its insurance position - Civil Procedure Rules, 3.1(2)(m) and 18.1.

TOKIO MARINE EUROPE INSURANCE LTD v NOVAE CORPORATE UNDERWRITING LTD

[2014] Lloyd's Rep IR Plus 18

Reinsurance (retrocession) - Aggregation - Scope of retrocession cover â Duty of retrocessionaire to follow settlements - Standard of proof of retrocedant as to coverage of reinsurance - Effect of settlement by reinsured on retrocession.

SAN EVANS MARITIME INC AND OTHERS v AIGAION INSURANCE CO SA (THE "ST EFREM")

[2014] Lloyd's Rep IR Plus 19

Insurance (marine) - Leading underwriter clause - Effect of settlement made by leading underwriter on following insurers - Contracts (Rights of Third Parties) Act 1999.

CRYSTAL IMPORTS LTD v CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON AND ANOTHER

[2014] Lloyd's Rep IR Plus 20

Insurance (property) - Successive losses - Measure of indemnity - Automatic reinstatement clause - Marine Insurance Act 1908 (NZ), section 77(2) - Average.

CLARK AND ANOTHER v IN FOCUS ASSET MANAGEMENT & TAX SOLUTIONS LTD FINANCIAL OMBUDSMAN SERVICE (INTERVENING)

[2014] Lloyd's Rep IR Plus 21

Financial Ombudsman Service - Award made up to statutory maximum - Ombudsman recommending payment above statutory maximum - Whether applicant able to sue for amount recommended - Res judicata - Cause of action estoppel - Financial Services and Markets Act 2000, Part XVI.

HOTELES PINERO CANARIAS SL v KEEFE

[2014] Lloyd's Rep IR Plus 22

Insurance (liability) - Jurisdiction - Direct action against insurers - Joinder of assured to proceedings - Brussels Regulation, European Council Regulation (EC) No 44/2001, article 11.

SAVASH v CIS GENERAL INSURANCE LTD

[2014] Lloyd's Rep IR Plus 23

Insurance (property) - Fraudulent claim - Fraudulent exaggeration - Fraudulent means or devices - Effect of fraud on genuine part of claim - Agency.

SKYWARD AVIATION 2008 LTD v TOWER INSURANCE LTD

[2014] Lloyd's Rep IR Plus 24

Insurance (property) - Measure of indemnity - Whether policy conferred decision as to basis of recovery on assured or on insurer.

MILTON FURNITURE LTD v BRIT INSURANCE LTD

[2014] Lloyd's Rep IR Plus 25

Insurance (property) - Two conditions as to maintenance of burglar alarm - Interrelationship of the two conditions - Whether assured in breach by failing to pay charges to alarm monitoring service.

ASTRAZENECA INSURANCE CO LTD v XL INSURANCE (BERMUDA) LTD AND ANOTHER

[2014] Lloyd's Rep IR Plus 26

Reinsurance - Liability insurance - Bermuda Form - Whether New York law relevant - Liability of assured to policy holder 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.

BATE v AVIVA INSURANCE UK LTD

[2014] Lloyd's Rep IR Plus 27

Insurance (property) - Utmost good faith - Materiality and inducement - Failure to disclose building and business activities on adjoining buildings - False statements about previous claims - ICOB.

MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD AND OTHERS v MAYOR'S OFFICE FOR POLICING AND CRIME

[2014] Lloyd's Rep IR Plus 28

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.

DELANEY v SECRETARY OF STATE FOR TRANSPORT

[2014] Lloyd's Rep IR Plus 29

Insurance (motor) - Motor Insurers' Bureau - Uninsured Drivers Agreement 1999 - Validity of exclusion for criminal acts by passenger.

KRAAL AND ANOTHER v THE EARTHQUAKE COMMISSION AND ANOTHER

[2014] Lloyd's Rep IR Plus 30

Insurance (property) - Meaning of "physical loss or damage" - House not damaged but not fit to occupy from danger of rockfalls - Whether cover attached - Earthquake Commission Act 1993 (New Zealand).

TOKIO MARINE EUROPE INSURANCE LTD v NOVAE CORPORATE UNDERWRITING LTD

[2014] Lloyd's Rep IR Plus 31

Reinsurance - Follow the settlements - Whether reinsured under a duty to investigate coverage of policy and facts underlying claim.

FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST v FEDERAL-MOGUL LTD AND OTHERS

[2014] Lloyd's Rep IR Plus 32

Reinsurance - Duty of reinsurers under policy to act in a businesslike fashion in the spirit of good faith and fair dealing - Whether claimants against the assured could seek declaratory relief as to the obligations of the reinsurers - Meaning of reinsurers' duty.

BACHE AND OTHERS v ZURICH INSURANCE PLC

[2014] Lloyd's Rep IR Plus 33

Insurance (house building) - Policy covering loss if building not completed - Causation - Whether loss due to liquidation of developer - Unfair Terms in Consumer Contracts Regulations 1999.

AGEAS (UK) LTD v KWIK-FIT (GB) LTD AND ANOTHER

[2014] Lloyd's Rep IR Plus 34

Insurance (indemnity) - Share purchase agreement - Breach - Measure of damages - Whether subsequent events affecting value of shares could be taken into account - Compensatory principle - Allocation of risk.

STARLIGHT SHIPPING CO v ALLIANZ MARINE & AVIATION VERSICHERUNGS AG AND OTHERS (THE "ALEXANDROS T")

[2014] Lloyd's Rep IR Plus 35

Insurance (marine) - Jurisdiction - Breach of settlement agreement by bringing action outside the jurisdiction - Council Regulation (EC) No 44/2001.

AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE "PRINCESS OF THE STARS")

[2014] Lloyd's Rep IR Plus 36

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.

MCLENNAN v INSURANCE AUSTRALIA LTD

[2014] Lloyd's Rep IR Plus 37

Insurance (fire) - Burden of proof - Whether clause removing cover for fire deliberately set by a member of assured's household was an exclusion or a conditional promise.

RIDGECREST NEW ZEALAND LTD v IAG NEW ZEALAND LTD

[2014] Lloyd's Rep IR Plus 38

Insurance (property) - Building damaged by successive earthquakes - Measure of recovery - Application of merger doctrine to non-marine insurance - Principle of indemnity.

STARLIGHT SHIPPING CO v ALLIANZ MARINE AND AVIATION VERSICHERUNGS AG AND OTHERS (THE "ALEXANDROS T")

[2014] Lloyd's Rep IR Plus 39

Insurance (marine) - Settlement agreements - Full and final settlement - Whether settlements extended to servants and agents of underwriters - Whether specific performance of settlement agreements could be ordered - Contracts (Rights of Third Parties) Act 1999.

HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD AND ANOTHER (THE "HO FENG 7")

[2014] Lloyd's Rep IR Plus 40

Insurance (marine) - Deadweight warranty - Effect of breach of warranty - Whether warranty inconsistent with cover note and policy - Relevance of knowledge of insurers as to breach of warranty â Rectification â Waiver and estoppel â Duty of disclosure â Marine Insurance Ordinance, sections 18, 33 and 34.

BIRLA NIFTY PTY LTD v INTERNATIONAL MINING INDUSTRY UNDERWRITERS LTD

[2014] Lloyd's Rep IR Plus 41

Insurance (business interruption) - Calculation of excess - Admissibility of expert evidence - Construction - Relevance of placing slip - Estoppel.

VERSLOOT DREDGING BV AND ANOTHER v HDI-GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE "DC MERWESTONE")

[2014] Lloyd's Rep IR Plus 42

Insurance (marine) - Fraudulent claim - Vessel totally lost - False statement made about operation of alarm - Whether statement fraudulent - Whether fraudulent means or device - Effect of fraud.

ISLINGTON PARK LTD v ACE INSURANCE LTD AND OTHERS

[2014] Lloyd's Rep IR Plus 43

Insurance (property) - Measure of indemnity - Deemed total loss where estimated cost of repair exceeded 80 per cent of agreed value - Meaning of "estimated cost of repair".

LLR: Insurance & Reinsurance Plus