i-law

LLR: Insurance & Reinsurance

ALI v HSF LOGISTICS POLSKA SP ZOO

[2024] Lloyd's Rep. IR 1
Insurance (motor) – Credit hire charges – Claimant's car not possessing MOT certificate – Illegality – Causation – Whether credit hire charges recoverable.

CRONOS GROUP INC v ASSICURAZIONI GENERALI SPA

[2024] Lloyd's Rep. IR 9
Insurance (liability – directors and officers) – Primary and Excess Layers – Excess Layer containing “follow the form” provision – Whether option to extend discovery period in Primary Policy applied to Excess Policy – Calculation of premium for Excess Policy extension.

DISCOVERY LAND CO LLC AND OTHERS v AXIS SPECIALTY EUROPE SE

[2024] Lloyd's Rep. IR 17
Insurance (professional indemnity) – Solicitor's liability – Fraud exclusion – Whether innocent partner condoned fraud of guilty partner – Aggregation – Whether two frauds constituted one claim.

GREGGS PLC v ZURICH INSURANCE PLC

[2024] Lloyd's Rep. IR 34
Insurance (business interruption) – Covid-19 – Triggers of coverage – Aggregation – Subrogation and deduction of benefits received from the state.

MIE FORCE PTY LTD v ALLIANZ AUSTRALIA INSURANCE LTD

[2024] Lloyd's Rep. IR 50
Insurance – Subrogation – Claimant providing workers for construction project – Whether claimant entitled to benefit of liability policy – Agency – Sub-contractor – Assumption of responsibility.

VARIOUS EATERIES TRADING LTD v ALLIANZ INSURANCE PLC

[2024] Lloyd's Rep. IR 60
Insurance (business interruption) – Covid-19 – Triggers of coverage – Commencement of indemnity period – Recoverability of losses after expiry of policy – Causation – Aggregation.

GUETERBOCK AND ANOTHER v MACPHAIL AND ANOTHER HENDERSON COURT LTD v ALLIANZ INSURANCE PLC

[2024] Lloyd's Rep. IR 77
Insurance (public liability) – Trespass committed by building works – Insurance cover for “accidental” trespass – Meaning of “accidental” – Whether assured had been reckless.

NAPIER CITY COUNCIL v LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LTD

[2024] Lloyd's Rep. IR 86
Insurance (liability) – Settlement encompassing insured and excluded liabilities – Mixed claim – Whether insurers liable – Whether insurers bound by settlement – Allocation of losses.

LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LTD v NAPIER CITY COUNCIL

[2024] Lloyd's Rep. IR 111
Insurance (liability) – Exclusion for claims arising out of watertightness – Whether exclusion applied to mixed claims.

POLLADIO HOLDINGS LTD v THE NEW INDIA ASSURANCE CO LTD

[2024] Lloyd's Rep. IR 122
Insurance (property) – Causation – Concurrent causes – Rust exclusion – Marring exclusion – Claims condition – Fraudulent claim.

SYT CONSULTANTS PTE LTD v QBE INSURANCE (SINGAPORE) PTE LTD

[2024] Lloyd's Rep. IR 131
Insurance (liability) – Settlement entered into by assured – Whether settlement binding on insurers – Whether settlement reasonable – Whether dishonesty exclusion applied – Whether cooperation clause was condition precedent to liability.

DASSAULT AVIATION SA v MITSUI SUMITOMO INSURANCE CO LTD

[2024] Lloyd's Rep. IR 153
Insurance (liability) – Arbitration – Jurisdiction – Non-assignment clause in sale contract – Whether clause precluded action in arbitration by subrogated insurers suing in their own name – Nature of subrogation – Distinction between voluntary and involuntary assignment – Arbitration Act 1996, section 67.

FKP COMMERCIAL DEVELOPMENTS PTY LTD AND ANOTHER v ZURICH AUSTRALIAN INSURANCE LTD

[2024] Lloyd's Rep. IR 159
Insurance (professional indemnity) – Advance costs – Allocation between insured and uninsured loss – Time at which advance costs were to be allocated – Scope of cover – Whether liability based on provision of professional services.

HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)

[2024] Lloyd's Rep. IR 189
Contracts – General average – Bill of lading – Charterparty – General average bond – General average guarantee – Charterparty containing agreement that charterer pay insurance premium – Kidnap and ransom insurance – War risks insurance – Shipowner having paid ransom to pirates – Whether charterparty providing insurance code and fund – Whether bill of lading holders able to rely on charterparty insurance terms to refuse payment under general average bond – Incorporation of charterparty terms into bill of lading – Whether manipulation of incorporated terms permitted.

UNIVERSITY OF EXETER v ALLIANZ INSURANCE PLC

[2024] Lloyd's Rep. IR 211
Insurance (property) – War risks exclusion – Unexploded bomb discovered – Controlled explosion damaged insured property – Whether exclusion applied – Causation – Concurrent causes.

SKY UK LTD AND ANOTHER v RIVERSTONE MANAGING AGENCY LTD AND OTHERS

[2024] Lloyd's Rep. IR 225
Insurance (construction all risks) – Co-insurance – Meaning of “damage” – Investigation costs – Timing of coverage – Aggregation.

TYSON INTERNATIONAL CO LTD v PARTNER REINSURANCE EUROPE SE

[2024] Lloyd's Rep. IR 279
Reinsurance – Anti-suit injunction – Two separate contracts made a week apart – Different dispute resolution clauses in each of the contracts – Whether the second contract replaced the first contract – Effect of delay.

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