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THE FINANCIAL CONDUCT AUTHORITY HISCOX ACTION GROUP v ARCH INSURANCE (UK) LTD ARGENTA SYNDICATE MANAGEMENT LTD ROYAL & SUN ALLIANCE INSURANCE PLC MS AMLIN UNDERWRITING LTD HISCOX INSURANCE CO LTD QBE UK LTD ARCH INSURANCE (UK) LTD v FINANCIAL CONDUCT AUTHORITY
Insurance (business interruption) – Covid-19 – Notifiable disease – National lockdown – Whether business interruption policy extensions responded to loss.
[2021] Lloyd's Rep. IR Plus 1
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CORPORIS SP Z O O v GEFION INSURANCE A/S
Insurance (motor) – Claims representative – Whether service of legal proceedings can be effected on claims representative – European Parliament and Council Directive 2009/138/EC, article 152.
[2021] Lloyd's Rep. IR Plus 2
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LEE v STRELNICKS SOUAID v NAHAS CASSIM v NGUYEN RIXON v ARSALAN
Insurance (motor) – Measure of damages in tort – Cost of hiring replacement vehicle –Mitigation of loss.
[2021] Lloyd's Rep. IR Plus 3
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HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)
General average – Vessel kidnapped and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.
[2021] Lloyd's Rep. IR Plus 4
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IRWELL INSURANCE CO LTD v WATSON AND OTHERS
Insurance – Claims made in employment tribunal against insolvent employer – Whether tribunal having jurisdiction to determine the liability of the employer’s insurers – Effect of arbitration clause – Third Parties (Rights Against Insurers) Act 2010, section 2 – Arbitration Act 1996, section 9.
[2021] Lloyd's Rep. IR Plus 5
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HYPER TRUST LTD v FBD INSURANCE PLC
Insurance (business interruption) – Covid-19 pandemic coverage – Extension for disease and closure of premises – Causation – Indemnity period – Trends clause.
[2021] Lloyd's Rep. IR Plus 6
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SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC
Insurance (liability) – Aggregation – Indemnity limited to all losses arising from one original cause – Two groups of patients subjected to misconduct by one surgeon – Whether one or two original causes.
[2021] Lloyd's Rep. IR Plus 7
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MOORE v IAG NEW ZEALAND LTD
Insurance (property) – Aggregation – Successive earthquakes – Whether earthquakes constituted a series of losses or events – Causation.
[2021] Lloyd's Rep. IR Plus 8
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RE MURRAY (DECEASED) CRUMMER v AAI LTD ABN 48 005 297 807, TRADING AS AAMI
Insurance (householder’s liability) – Policy excluding liability for death or injury of anyone who usually lives at the insured address – Meaning of exclusion.
[2021] Lloyd's Rep. IR Plus 9
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CAFÉ CHAMELEON CC v GUARDRISK INSURANCE CO LTD
Insurance (business interruption) – Covid-19 – Extension for interruption due to notifiable disease occurring within 50 km of insured premises – Causation.
[2021] Lloyd's Rep. IR Plus 10
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MA-AFRIKA HOTELS (PTY) LTD AND ANOTHER v SANTAM LTD
Insurance (business interruption) – Covid-19 – Extension for interruption due to notifiable disease occurring within 40 km of insured premises – Causation.
[2021] Lloyd's Rep. IR Plus 11
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LORD BISHOP OF LEEDS AND ANOTHER v DIXON COLES AND GILL (A FIRM) AND OTHERS THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS
Insurance (professional indemnity) – Aggregation – Whether claims arising from one series of related acts or omissions could be aggregated – Whether two sets of claims arose from one series of related acts – Partnership Act 1890, sections 9 to 13 – Limitation Act 1980, section 21 – Third Parties (Rights Against Insurers) Act 1930 – Summary judgment – CPR 24.2.
[2021] Lloyd's Rep. IR Plus 12
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AXIS CORPORATE CAPITAL UK II LTD AND OTHERS v ABSA GROUP LTD AND OTHERS
Reinsurance – Conflict of laws – Whether reinsurance agreements contained exclusive jurisdiction clauses – Anti-suit injunction – Declaratory relief – Senior Courts Act 1981, section 37.
[2021] Lloyd's Rep. IR Plus 13
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GEMMELL v KSL HAIR LTD AND OTHERS
Insurance (liability) – Claim for assault and negligence in performing hair transplant procedures - Third Parties (Rights Against Insurers) Act 2010.
[2021] Lloyd's Rep. IR Plus 14
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RAWSON HOMES PTY LTD v ALLIANZ AUSTRALIA INSURANCE LTD
Insurance (construction) – Hailstorm giving rise to damage to 122 roofs – Application of deductible – Whether one event or 122 events – Whether one claim or 122 claims.
[2021] Lloyd's Rep. IR Plus 15
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IN THE MATTER OF CERTAIN OF THE MEMBERS AT LLOYD’S FOR ANY OR ALL OF THE 1993 TO 2020 (INCLUSIVE) YEARS OF ACCOUNT, REPRESENTED BY THE SOCIETY OF LLOYD’S IN THE MATTER OF LLOYD’S INSURANCE CO SA IN THE MATTER OF PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
Insurance (transfer of insurance business) – Financial Services and Markets Act 2000, Part VII – Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) Order 2001 (SI 2001 No 3626) - Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants Regulations) 2001 (SI 2001 No 3625).
[2021] Lloyd's Rep. IR Plus 16
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CATLIN SYNDICATE LTD AND OTHERS v AMEC FOSTER WHEELER USA CORPORATION AND ANOTHER
Insurance (liability) – Conflict of laws – Anti-suit injunction – Binding effect of exclusive jurisdiction clause – Whether arbitration clause incorporated – Senior Courts Act 1981, section 37.
[2021] Lloyd's Rep. IR Plus 17
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AXIS CORPORATE CAPITAL UK II LTD AND OTHERS v ABSA GROUP LTD AND OTHERS
Reinsurance – Conflict of laws – Reinsurance arranged in layers – Separate jurisdiction provisions in each layer – Whether exclusive jurisdiction agreed upon – Grant of anti-suit injunction – Senior Courts Act 1981, section 37.
[2021] Lloyd's Rep. IR Plus 18
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SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD v DODDS AND OTHERS
Insurance (property) – Settlement Agreement – Misrepresentation by insurers as to sums payable – Continuing duty of utmost good faith – Whether Settlement Agreement could be overturned.
[2021] Lloyd's Rep. IR Plus 19
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R (ON THE APPLICATION OF AVIVA INSURANCE LTD AND ANOTHER) v THE SECRETARY OF STATE FOR WORK AND PENSIONS
Insurance (liability) – Obligation of liability insurers to repay state benefits received in respect of injuries – Application to long-tail exposure liabilities – Whether obligation contrary to human rights law – Social Security (Recovery of Benefits) Act 1997 – Human Rights Act 1998.
[2021] Lloyd's Rep. IR Plus 20
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SLEIGHT AND ANOTHER v BECKIA HOLDINGS LTD AND OTHERS
Insurance (property) – Earthquake damage – Builder nominated by insurers for repair work – Insurers paying for repairs – Repairs carried out defectively – Whether insurers liable to pay for remedial work – Utmost good faith – Contribution.
[2021] Lloyd's Rep. IR Plus 21
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ABN AMRO BANK NV v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS
Insurance (marine) – Credit risk insured under marine policy – Whether risk covered by policy – Duty of disclosure relating to existence of credit risk clause – Effect of non-avoidance clause – Misrepresentation – Duty to act reasonably to prevent losses – Suing and labouring clause – Whether brokers in breach of duty – Marine Insurance Act 1906, section 18(3).
[2021] Lloyd's Rep. IR Plus 22
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TECHNOLOGY SWISS PTY LTD v AAI LTD, TRADING AS VERO INSURANCE
Insurance (marine) – Subrogation – Whether payment by insurer was for insured loss – Allocation of third-party recovery between insurer and assured.
[2021] Lloyd's Rep. IR Plus 23
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TRAVELERS INSURANCE CO LTD v ARMSTRONG AND ANOTHER
Insurance (liability) – Privilege – Scope of joint retainer privilege – Rights of parties to joint retainer.
[2021] Lloyd's Rep. IR Plus 24
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HOLMES v S & B CONCRETE LTD
Insurance (employers’ liability) – Personal injury claim – Employer company dissolved – Application to restore company to register – Limitation period – Limitation Act 1980, sections 11 and 33 – Companies Act 2006, sections 1029, 1030 and 1033 – Third Parties (Rights Against Insurers) Act 1930.
[2021] Lloyd's Rep. IR Plus 25
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EQUITAS LTD AND ANOTHER v SANDE INVESTMENTS LTD AND OTHERS
Reinsurance – Lloyd’s brokers – Sub-agents appointed by brokers collecting reinsurance recoveries due to Lloyd’s Syndicates – Liability of sub-agents to Syndicates – Status of sub-agents – Implied contract of retainer – Duty of care in tort – Fiduciary duties – Unjust enrichment – Limitation of actions – Limitation Act 1980, sections 2, 5, 21 and 32.
[2021] Lloyd's Rep. IR Plus 26
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LORD BISHOP OF LEEDS (THE RIGHT REVEREND NICHOLAS BAINES) AND ANOTHER v DIXON COLES & GILL (A FIRM) AND OTHERS THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS SOLICITORS REGULATORY AUTHORITY (INTERVENER)
Insurance (professional indemnity) – Aggregation – Whether claims arising from one series of related acts or omissions could be aggregated – Whether two sets of claims arose from one series of related acts.
[2021] Lloyd's Rep. IR Plus 27
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KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER
Insurance (employers’ liability) – Avoidance of policy for non-disclosure and misrepresentation – Whether there was a right to avoid – Effect of Insurance Conduct of Business Sourcebook (ICOBS) – Whether avoidance unreasonable – Third Parties (Rights Against Insurers) Act 1930 – Employers’ Liability (Compulsory Insurance) Act 1969.
[2021] Lloyd's Rep. IR Plus 28
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RE PRUDENTIAL ASSURANCE CO LTD AND ROTHESAY LIFE PLC
Insurance (transfer of business) – Sanction of court for transfer of annuity business – Financial Services and Markets Act 2000, Part VII.
[2021] Lloyd's Rep. IR Plus 29
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RE SOCIETY OF LLOYD’S AND LLOYD’S INSURANCE CO SA
Insurance (regulation) – Transfer of insurance business – Post-Brexit arrangements for Lloyd’s – Conversion of reinsurance into retrocession – Financial Services and Markets Act 2000, section 112.
[2021] Lloyd's Rep. IR Plus 30
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SOMPO INSURANCE SINGAPORE PTE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC
Insurance (marine) – Cargo – Subrogation – Whether insurer has a subrogated claim against issuer of Performance Bond – Marine Insurance Act 1906, section 79(2).
[2021] Lloyd's Rep. IR Plus 31
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DANBOL PTY LTD v SWISS RE INTERNATIONAL SE AND OTHERS
Insurance (property) – Held covered – Insurers offering temporary cover following termination of policy – Whether offer binding on insurers – Acceptance by silence – Whether acceptance waived – Whether offer otherwise accepted.
[2021] Lloyd's Rep. IR Plus 32
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MARKEL BERMUDA LTD v CAESARS ENTERTAINMENT INC
Insurance (business interruption) – Date when contract made – Whether policy contained arbitration clause – Whether policy superseded earlier agreement – Rectification – Anti-suit injunction – Senior Courts Act 1981, section 37.
[2021] Lloyd's Rep. IR Plus 33
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NAGORSKI v NIKOLICS AND ANOTHER
Insurance (motor) – Obligation of insurer to satisfy judgment against driver – Effect of registration on Motor Insurer’s Database – Road Traffic Act 1988, section 151(2)(b).
[2021] Lloyd's Rep. IR Plus 34
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BANK OF NEW YORK MELLON (INTERNATIONAL) LTD v CINE-UK LTD AEW UK REIT PLC v MECCA BINGO LTD AEW UK REIT PLC v SPORTSDIRECT.COM RETAIL LTD
Insurance (landlord and tenant) – Liability of tenants for rent during Covid-19 pandemic- Whether obligation on landlord to insure extended to loss of rent – Business interruption losses – Frustration – Illegality – Failure of consideration.
[2021] Lloyd's Rep. IR Plus 35
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PATTIES FOODS LTD v ENTYCE FOOD INGREDIENTS PTY LTD CGU INSURANCE LTD (THIRD PARTY)
Insurance (product liability) – Assured supplied berries contaminated with virus – Claim by customer who recalled berries from resale – Exclusion for costs of recall – Exclusion for damaged products – Whether exclusions prevented policy claim.
[2021] Lloyd's Rep. IR Plus 36
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GRANT v INTERNATIONAL INSURANCE COMPANY OF HANOVER LTD
Insurance (liability) – Coverage for liability for accidental injury to any person – Exclusion for deliberate acts – Whether death the result of a deliberate act – Whether there was wrongful arrest – Third Parties (Rights Against Insurers) Act 2010.
[2021] Lloyd's Rep. IR Plus 37
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GRANT (OR BURNETT) v INTERNATIONAL INSURANCE COMPANY OF HANOVER LTD (SCOTLAND)
Insurance (liability) – Personal injury – Coverage for accidental injury – Exclusion for deliberate acts – Meaning of “deliberate” – Whether deliberate act included recklessness – Third Parties (Rights Against Insurers) Act 2010.
[2021] Lloyd's Rep. IR Plus 38
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HDI GLOBAL SPECIALTY SE AND ANOTHER v WONKANA NO 3 PTY LTD AND OTHERS [2020] NSWCA 296
Insurance (business interruption) – Exclusion of cover for quarantinable diseases under Quarantine Act 1908 – Act repealed and replaced before insurance issued – Whether insurance to be construed as excluding diseases covered by the new legislation.
[2021] Lloyd's Rep. IR Plus 39
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SILVERLINK RESORTS LTD v MS FIRST CAPITAL INSURANCE LTD
Arbitration – Stay of proceedings – Arbitration clause applying to all disputes – Jurisdiction clause applying to interpretation disputes – Whether judicial proceedings on interpretation should be stayed.
[2021] Lloyd's Rep. IR Plus 40
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RISTORANTE LTD (T/A BAR MASSIMO) v ZURICH INSURANCE PLC
Insurance (property) – Duty of fair presentation – Question relating to insolvency of directors and partners – No reference made to insolvency of insolvency of companies controlled by directors and partners – Whether question truthfully answered – Disclosure – Whether disclosure waived by insurers.
[2021] Lloyd's Rep. IR Plus 41
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NOORI v MAJESTIC PLUMBING SERVICES PTY LTD AND OTHERS
Insurance (liability) – Employee injured at work – Claim against liability insurers – Whether employer in breach of reasonable care obligations.
[2021] Lloyd's Rep. IR Plus 42
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BANN CARRAIG LTD v GREAT LAKES REINSURANCE (UK) PLC
Insurance (business interruption) – Limitation of action – Date of accrual of cause of action – Effect of part payment by insurers.
[2021] Lloyd's Rep. IR Plus 43
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MURRAY GOULBURN COOPERATIVE CO LTD AND ANOTHER v AIG AUSTRALIA LTD
Insurance (liability) – Directors’ and officers’ policy – Side C cover for company – Coverage for “securities claims” – Retroactive date – Exclusion for “professional services”.
[2021] Lloyd's Rep. IR Plus 44
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ZURICH INSURANCE PLC v NIRAMAX GROUP LTD
Insurance (property) – Duty of fair presentation – Inducement – Right to avoid.
[2021] Lloyd's Rep. IR Plus 45