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LLR: Insurance & Reinsurance Plus RSS feed

KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER

Insurance (employers’ liability) – Avoidance of policy for non-disclosure and misrepresentation –Effect of Insurance Conduct of Business Sourcebook – Whether avoidance unreasonable – Third Parties (Rights Against Insurers) Act 1930 – Employers’ Liability (Compulsory Insurance) Act 1969.

[2022] Lloyd's Rep. IR Plus 1

JONES v ZURICH INSURANCE PLC

Insurance – Consumer policy – Duty to take reasonable care – Proof of dishonesty or recklessness – Remedy – Consumer Insurance (Disclosure and Representations) Act 2012.

[2022] Lloyd's Rep. IR Plus 3

BROWN v FISK AND OTHERS

Insurance (motor) – Compulsory insurance – Pedestrian injured in yard – Whether yard was a “public place” – Summary judgment – Road Traffic Act 1988, sections 143 and 151 – Civil Procedure Rules, rule 24.2.

[2022] Lloyd's Rep. IR Plus 4

AAI LTD T/A VERO INSURANCE v TECHNOLOGY SWISS PTY LTD

Insurance (marine) – Subrogation – Settlement covering insured and uninsured losses – No allocation – Recovery from third party – Whether insurers entitled to subrogation rights over recovery.

[2022] Lloyd's Rep. IR Plus 5

BERKSHIRE ASSETS (WEST LONDON) LTD v AXA INSURANCE UK PLC

Insurance (contractors all risks and business interruption) – Duty of fair presentation – Non-disclosure of criminal charges – Whether charges were material circumstances – Inducement – Insurance Act 2015, sections 3 and 7.

[2022] Lloyd's Rep. IR Plus 6

ARCH INSURANCE (UK) LTD v MCCULLOUGH

Insurance (liability) – Claims clause – Condition precedent – Notification of circumstances that may give rise to a claim.

[2022] Lloyd's Rep. IR Plus 7

AVIVA INSURANCE LTD AND ANOTHER v 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 – Bill of Rights 1688 – Human Rights Act 1998.

[2022] Lloyd's Rep. IR Plus 8

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE LTD

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.

[2022] Lloyd's Rep. IR Plus 9

CORBIN & KING LTD AND OTHERS v AXA INSURANCE UK PLC

Insurance (business interruption) – Covid-19 – Denial of access clause – Application of clause to pandemic – Causation – Composite policy – Limit of indemnity was aggregate or per premises.

[2022] Lloyd's Rep. IR Plus 10

STAR ENTERTAINMENT GROUP LTD AND OTHERS v CHUBB INSURANCE AUSTRALIA LTD AND OTHERS

Insurance (business interruption) – Policy covering business interruption following physical loss or damage to insured property – Exclusion for loss resulting from public authority action – Civil Authority Extension for loss for retarding any conflagration or other catastrophe – Whether measures closing premises following Covid-19 were within Civil Authority Extension.

[2022] Lloyd's Rep. IR Plus 11

STAR ENTERTAINMENT GROUP LTD v CHUBB INSURANCE AUSTRALIA LTD

Insurance (business interruption) – Policy covering business interruption following physical loss or damage to insured property – Exclusion for loss resulting from Public Authority action – Civil Authority Extension for loss for retarding any conflagration or other catastrophe – Whether measures closing premises following Covid-19 were within Civil Authority Extension.

[2022] Lloyd's Rep. IR Plus 12

SWISS RE INTERNATIONAL SE v LCA MARRICKVILLE PTY LTD

Insurance (business interruption) – Test case – Meaning of disease clauses, closure clauses and hybrid clauses – Meaning of “damage” to property – Effect of governmental payments on recovery under policy.

[2022] Lloyd's Rep. IR Plus 13

LCA MARRICKVILLE PTY LTD v SWISS RE INTERNATIONAL SE

Insurance (business interruption) – Test case – Meaning of disease clauses, closure clauses and hybrid clauses – Meaning of “damage” to property – Effect of governmental payments on recovery under policy.

[2022] Lloyd's Rep. IR Plus 14

BUTTAR CONSTRUCTION LTD v ARSHDEEP

Insurance (liability) – Interim payment – Claim brought against two tortfeasors – Insurers reserving rights – Whether interim payment should be ordered – Civil Procedure Rules 25.7(1).

[2022] Lloyd's Rep. IR Plus 15

JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS

Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured’s failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty.

[2022] Lloyd's Rep. IR Plus 19

COLLEY v MOTOR INSURERS’ BUREAU

Insurance (motor) – Compulsory policy – Insurers avoided policy after accident but before judgment against assured – Whether victim had claim against Motor Insurers’ Bureau – Road Traffic Act 1988, sections 151 and 152 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EU.

[2022] Lloyd's Rep. IR Plus 24

ARMSTEAD v ROYAL & SUN ALLIANCE INSURANCE CO LTD

Insurance (motor) – Bailment – Claimant’s hire car damaged in collision – Claimant liable under hiring agreement for full cost of hire – Whether insurers of negligent driver liable for costs of hire.

[2022] Lloyd's Rep. IR Plus 25

ARMSTEAD v ROYAL & SUN ALLIANCE INSURANCE CO LTD

Insurance (motor vehicle) – Credit hire – Hired replacement vehicle damaged by driver negligence – Whether driver’s insurers liable for damages for loss of use.

[2022] Lloyd's Rep. IR Plus 26

COACHHOUSE CATERING LTD v FROST INSURANCES LTD AND OTHERS

Insurance (business interruption) – Covid-19 – Whether closure of business by government order amounted to loss – Suspension of licence extension – Prevention of access extension – Correction of obvious mistake in drafting.

[2022] Lloyd's Rep. IR Plus 27

PIRAEUS BANK AE v ANTARES UNDERWRITING LTD AND OTHERS

Insurance (marine) – Mortgagees’ interest insurance (MMI) – Vessel detained in Venezuela on suspicion of smuggling oil – Claim under war risks policy rejected – Whether MMI insurers were liable – Whether detention excluded from war risks policy – Whether vessel was a constructive total loss – Marine Insurance Act 1906, section 60 – Effect on MMI policy of excluded loss under war risks policy.

[2022] Lloyd's Rep. IR Plus 28

LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN

Arbitration – Judgment entered in terms of arbitration award – Application to enforce later Spanish judgment in England – Whether earlier judgment prevented enforcement in England – Arbitration Act 1996, section 66 –Council Regulation (EC) No 44/2001 (Brussels I Regulation), articles 1, 27, 33 and 34.

[2022] Lloyd's Rep. IR Plus 31