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LLR: Insurance & Reinsurance RSS feed

BLACKBURN ROVERS FOOTBALL AND ATHLETIC CLUB PLC v AVON INSURANCE PLC (NO 2)

Insurance (personal accident) - Insurance obtained by football club against personal injury to players - Policy excluding liability where disablement attributable directly or indirectly to degenerative conditions - Footballer suffering injury and found to have degenerative condition - Effect of exclusion.

[2007] Lloyd's Rep IR 1

FARADAY CAPITAL LTD v COPENHAGEN REINSURANCE CO LTD

Reinsurance - Defendants reinsuring claimants under contract stated to be subject to same terms as original and to follow settlements - Claims made against reinsured by assured settled under a full and final settlement “without prejudice to or waiver of their respective positions” - Whether reinsurers bound by settlement.

[2007] Lloyd's Rep IR 23

FREAKLEY v CENTRE REINSURANCE INTERNATIONAL CO

Insurance (liability) - Assured going into administration - Insurers entitled to take over claims handling on administration of assured - Whether costs of claims handling were a priority payment under the administration - Insolvency Act 1986, section 19(4)-(5).

[2007] Lloyd's Rep IR 32

GREAT NORTH EASTERN RAILWAY LTD v JLT CORPORATE RISKS LTD

Insurance broker - Duty of care - Allegation that policy did not cover risks requested by assured - Claim brought more than six years after date of placement but within six years of date of loss - Whether claim time-barred - Whether broker owed continuing duty of care to inform assured that instructions not carried out - Whether broker a joint tortfeasor with third party causing loss to assured.

[2007] Lloyd's Rep IR 38

MILLER v HALES QBE INTERNATIONAL INSURANCE LTD

Insurance (motor) - Policeman injured attempting to prevent theft of police car - Whether policeman an employee - Whether policeman had direct action against constabulary’s motor insurers - Road Traffic Act 1988, sections 143, 145 and 151.

[2007] Lloyd's Rep IR 54

MJ HARRINGTON SYNDICATE 2000 v AXA OYAK SIGORTA AS

Reinsurance - Bankers Blanket Bond policy issued to Turkish bank - Reinsurance subject to requirement that employees of bank took two weeks’ holiday - Whether compliance warranted - Whether condition precedent requiring compliance applied to losses occurring prior to inception of policy - Whether reinsurers precluded from relying on defences by agreeing to extend time for compliance, failing to deny liability and subsequently extending cover - Waiver and estoppel.

[2007] Lloyd's Rep IR 60

NORWICH UNION INSURANCE LTD v MEISELS

Insurance (property) - Non-disclosure - Assured failing to disclose connection with insolvent and struck off companies - Assured failing to disclose previous misrepresentation - Assured failing to disclose use of alias - Whether facts material - Whether insurers induced.

[2007] Lloyd's Rep IR 69

PATRICK v ROYAL LONDON MUTUAL INSURANCE SOCIETY LTD

Insurance (liability) - Assured’s young son deliberately setting fire near mill - Fire spread and mill destroyed - Whether fire was the result of “any wilful, malicious or criminal acts”.

[2007] Lloyd's Rep IR 85

CNA INSURANCE CO LTD v OFFICE DEPOT INTERNATIONAL (UK) LTD

Insurance - Conflict of laws - Proceedings brought by insurers in England and by assureds in Florida - Agreement to stay Florida proceedings - Subsequent action brought in Florida - Whether insurers entitled to anti-suit injunction - Whether assureds entitled to stay of English proceedings.

[2007] Lloyd's Rep IR 89

CATLIN SYNDICATE LTD DORNOCH LTD WELLINGTON (FIVE) LTD MATHERS v ADAMS LAND & CATTLE CO

Insurance - Conflict of laws - Insurance issued to assured in Nebraska - Policy subject to UK law and jurisdiction - Service of suit clause permitting assured to sue in Nebraska - Insurers seeking negative declaratory relief in England - Assured then exercising rights under service of suit clause - Whether English proceedings should be stayed.

[2007] Lloyd's Rep IR 96

IMMERZEEL v SANTAM LTD

Insurance (liability) - Professional indemnity policy written on claims made basis - Assured informed of possible proceedings against them - Whether claim made against the assured.

[2007] Lloyd's Rep IR 106

POOLE v HER MAJESTY’S TREASURY

Insurance - Lloyd’s - Action by Lloyd’s Names against Treasury for failing to implement EC Insurance Directives - Whether Directives conferring individual rights - Whether Names time-barred - Council Directive 73/239/EEC - Limitation Act 1980, sections 2 and 14A.

[2007] Lloyd's Rep IR 114

BOLTON METROPOLITAN BOROUGH COUNCIL v MUNICIPAL MUTUAL INSURANCE LTD

Insurance (public liability) - Victim exposed to asbestos and contracting illness some years later - Different public liability policies in force at each date - Whether claim by victim covered by earlier or later policy - Whether development of disease following exposure “accidental” - Whether condition precedent requiring immediate notification of loss waived by denial of coverage - Whether right of contribution existed.

[2007] Lloyd's Rep IR 173

ENTERPRISE OIL LTD v STRAND INSURANCE CO LTD

Insurance (liability) - Settlement reached by assured in respect of proceedings in Texas - Claim against liability insurers - Whether insurers’ liability based on proof of assured’s actual liability or proof that Texas could reasonably have reached a finding of liability - Whether assured faced liability in tort under Texas law - Whether coverage of policy for contractual liability extended to settlements - Whether settlement had to allocate losses as between the various claims made against the assured - Whether assured could recover defence costs.

[2007] Lloyd's Rep IR 186

GOSHAWK DEDICATED LTD AND OTHERS v TYSER & CO LTD AND ANOTHER

Insurance brokers - Placing, claims and accounting documents in possession of brokers - Whether underwriters legal or equitable owners of documents - Whether implied obligation on assureds to disclose documents to underwriters - Whether implied contract between brokers and underwriters that brokers would provide documents on behalf of assureds - Effect of Terms of Business Agreements 2001.

[2007] Lloyd's Rep IR 224

HORBURY BUILDING SYSTEMS LTD v HAMPDEN INSURANCE NV

Insurance (products liability) - Assured installed ceilings in cinema complex - One ceiling collapsed resulting in closure of entire complex - Whether insurers required to indemnify assured against liability to third parties for losses arising from closure of cinema - Whether appropriate to grant declaration in advance of claim against assured.

[2007] Lloyd's Rep IR 237

KONKOLA COPPER MINES PLC AND OTHERS v COROMIN LTD AND OTHERS

Reinsurance - Conflict of laws - Jurisidiction - Whether reinsurance incorporated exclusive jurisdiction clause nominating Zambia - Whether English court should hear action despite clause - Burden of proving existence of clause - Standard of proof.

[2007] Lloyd's Rep IR 247

AIG EUROPE (IRELAND) LTD v FARADAY CAPITAL LTD

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.

[2007] Lloyd's Rep IR 267

TONKIN v UK INSURANCE LTD

Insurance (fire) - Assured’s premises destroyed by fire - Date at which measure of indemnity to be calculated - Whether insurers liable in damages for late payment - Whether part of claim fraudulent - Entitlement of assured to interest.

[2007] Lloyd's Rep IR 283

BRIT SYNDICATES LTD v GRANT THORNTON INTERNATIONAL

Insurance (professional indemnity) - Policy taken out by firm covering itself and all member firms - Policy insuring parent against claims made against a member firm insured under the policy - Member firm’s cover avoided for breach of duty of good faith - Whether firm itself still entitled to protection.

[2007] Lloyd's Rep IR 343

DORNOCH LTD v MAURITIUS UNION ASSURANCE CO LTD (NO 2)

Reinsurance - Excess of loss reinsurance cover for property losses - Employee systematically defrauded assured bank by removing money from accounts - Whether losses amounting to property losses - Whether losses could be aggregated so as to exceed deductible - Whether 72-hour clause prevented recovery of losses discovered more than 72 hours after occurrence.

[2007] Lloyd's Rep IR 350

ENGLISH AND AMERICAN INSURANCE CO LTD v AXA RE SA

Reinsurance - Reinsured entering into agreement with assured to pay proportion of claims - Agreement based on terms of market agreement not involving the reinsured - Without prejudice privilege - Whether offers by reinsurers to settle were admissible in evidence - Whether settlement reached by reinsured - Whether reinsurers bound to follow settlement under follow the settlements clause.

[2007] Lloyd's Rep IR 359

KR v ROYAL & SUN ALLIANCE PLC

Insurance (liability) - Policy taken out by company operating care home - Policy excluding liability of insurers for deliberate acts and omissions - Controller of company committing deliberate acts of abuse against children - Claimants obtaining judgment against company - Company becoming insolvent - Whether claimants entitled to enforce judgment against insurers - Third Parties (Rights against Insurers) Act 1930.

[2007] Lloyd's Rep IR 368

MARINA OFFSHORE PTE LTD v CHINA INSURANCE CO (SINGAPORE) PTE LTD

Insurance (marine) - Whether loss caused by perils of the sea - Whether policy mixed time and voyage or just time - Whether vessel unseaworthy - Whether vessel sent to sea in unseaworthy condition with privity of assured - Marine Insurance Act 1906, sections 25 and 39.

[2007] Lloyd's Rep IR 383

MARKEL INTERNATIONAL CO LTD v CRAFT (THE “NORSEMAN”)

Insurance (liability) - Conflict of laws - Anti-suit injunction - Direct action brought against liability insurers in Tunisia - Insurance policy containing arbitration clause - Insurers arguing that Tunisian law allowed direct action free of arbitration clause - Whether injunction should be granted.

[2007] Lloyd's Rep IR 403

PHILLIPS v (1) RAFIQ (2) MOTOR INSURERS’ BUREAU

Insurance (motor) - Registered owner of vehicle uninsured for use of vehicle - Owner killed while passenger in vehicle being driven by uninsured driver - Claim against driver under Fatal Accidents Act 1976 - Whether Motor Insurers’ Bureau liable to satisfy judgment - Uninsured Drivers Agreement 1999, clause 6.

[2007] Lloyd's Rep IR 413

BARTOLINE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

Insurance (liability) - Assured causing pollution to land and watercourses - Assured incurring clean-up costs and other expenses on the instructions of the Environment Agency - Liability policy covering assured’s liability against legal liability for damages - Whether liability to Environment Agency constituted damages - Water Resources Act 1991, sections 161 and 161A.

[2007] Lloyd's Rep IR 423

BEE v JENSON

Insurance (motor) - Claimant’s policy covering costs of hiring replacement car - Whether defendant liable to indemnify claimant for hire charges.

[2007] Lloyd's Rep IR 451

KYLE BAY LTD v UNDERWRITERS SUBSCRIBING TO POLICY NO 019057/08/01

Insurance (business interruption) - Claim compromised under final settlement on basis of gross profits cover subject to average - Policy found to provide indemnity on declaration-linked basis not subject to average - Whether settlement void for mistake or voidable for misrepresentation.

[2007] Lloyd's Rep IR 460

MOORE v (1) SECRETARY OF STATE FOR TRANSPORT (2) MOTOR INSURERS’ BUREAU

Insurance (motor) - Hit and run driver - Victim claiming from Motor Insurers Bureau under Untraced Drivers Agreement 1972 - Claim by victim against UK Government for failing to implement Second EC Motor Insurance Directive 84/5/EEC - Whether action time-barred - Limitation Act 1980.

[2007] Lloyd's Rep IR 469

STAATSSECRETARIS VAN FINANCIEN v ARTHUR ANDERSEN & CO Case C-472/03

Insurance - Value added tax - Life insurer contracted out “back office” functions to consultancy - Whether VAT payable on services provided by consultancy - Whether consultancy an employee of insurer - Whether consultancy party to insurance and reinsurance transactions - Whether carrying on services provided by broker or agent - Sixth Council VAT Directive 77/388/EEC, articles 4 and 13B.

[2007] Lloyd's Rep IR 484

ARBORY GROUP LTD v WEST CRAVEN INSURANCE SERVICES

Insurance (business interruption) - Failure by broker to obtain cover for full amount of loss - Measure of damages against broker - Whether insurers had separate insurable interest defence against assured - Whether broker liable for loss of profits in addition to loss of policy monies - Whether assured guilty of contributory negligence.

[2007] Lloyd's Rep IR 491

566935 BC LTD v ALLIANZ INSURANCE CO OF CANADA

Insurance (marine) - Barge sunk at its moorings due to ingress of water - Insurance against perils of the sea - Hull of barge rotten - Water ingress controlled by pump - Whether loss of vessel was fortuitous - Whether power supply to pump had been interrupted.

[2007] Lloyd's Rep IR 503

C A BLACKWELL (CONTRACTS) LTD v GERLING GENERAL INSURANCE CO

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.

[2007] Lloyd's Rep IR 511

FARRELL v (1) WHITTY (2) MOTOR INSURERS’ BUREAU OF IRELAND

Insurance (motor) - Passenger injured in vehicle not equipped for carrying passengers - Driver uninsured - Claim against Irish Motor Insurers’ Bureau - Whether compulsory insurance scheme extended to persons being carried in all vehicles - Council Directive 84/9/EEC, article 5 - Whether Uninsured Drivers Agreement subject to Directive.

[2007] Lloyd's Rep IR 525

MERRILL LYNCH INTERNATIONAL BANK LTD v WINTERTHUR SWISS INSURANCE CO

Insurance (credit indemnity) - Policy taken out to cover bankruptcy and default risks - Whether events falling within terms of cover - Whether due notice given to insurers - Whether sum payable by insurers was to be reduced by actual payment later made by debtor - Date of running of interest - Supreme Court Act 1981, section 35A.

[2007] Lloyd's Rep IR 532

ANDERS & KERN UK LTD v CGU INSURANCE PLC

Insurance (property) - Policy clause requiring assured to maintain intruder alarm when premises were unoccupied unless there was violence or a threat of violence - Whether disabling intruder alarm amounted to threat of violence - Whether clause subject to reasonableness requirement - Whether clause incorporated into policy.

[2007] Lloyd's Rep IR 555

BRAIN v YORKSHIRE RIDER LTD

Insurance (motor) - Claimant’s vehicle damaged in motor accident - Claimant incurred costs in hiring replacement vehicle - Whether claimant acted reasonably in hiring expensive vehicle - Mitigation of loss.

[2007] Lloyd's Rep IR 564

EQUITAS LTD v HORACE HOLMAN & CO LTD

Insurance (brokers) - Duty of brokers to maintain proper and adequate records of reinsurance recoveries - Whether records adequate - Whether sums paid by reinsurers not passed on by brokers - Costs of the proceedings - CPR Part 44.3.

[2007] Lloyd's Rep IR 567

WASA INTERNATIONAL INSURANCE CO LTD v LEXINGTON INSURANCE CO AGF INSURANCE LTD v LEXINGTON INSURANCE CO

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 - Whether reinsurers liable for defence costs.

[2007] Lloyd's Rep IR 604

TRAVELERS CASUALTY AND SURETY CO OF CANADA v SUN LIFE ASSURANCE CO OF CANADA (UK) LTD

Insurance (liability) - Global excess policy issued to Canadian parent company and worldwide subsidiaries - English subsidiary incurring losses following review of sale of investment contracts ordered by Financial Services Authority - Whether English or Ontario law applied to policy - Whether assured in breach of warranty as to knowledge of circumstances which could give rise to liability - Whether assured in breach of obligation to notify claims as soon as practicable - Quantum.

[2007] Lloyd's Rep IR 619

FISK v BRIAN THORNHILL & SON

Insurance (property) - Producing broker sending false information on construction of building to placing broker - Risk placed - Placing broker renewing cover with new insurers without informing assured or producing broker of new insurers or new terms - Flood - Insurers avoiding liability - Producing broker settling with assured - Whether placing broker liable in damages or to contribute to placing broker - Causation.

[2007] Lloyd's Rep IR 699

EVANS v TNT LOGISTICS LTD ADMIRAL INSURANCE SERVICES LTD

Insurance (motor) - Claim for damages for cost of hiring replacement car - Defendant offering claimant replacement vehicle free of charge to claimant - Claimant hiring his own replacement car - Whether claimant failed to mitigate loss - Measure of damages - Whether cost to defendant of supplying replacement car to be disregarded.

[2007] Lloyd's Rep IR 708

HIH CASUALTY AND GENERAL INSURANCE LTD v JLT RISK SOLUTIONS LTD

Insurance and reinsurance brokers - Brokers placing both direct risk and reinsurance - Brokers becoming aware of breaches of warranty in insurance and reinsurance - Brokers not specifically drawing information to reinsured’s attention - Whether brokers owed duty of care to keep reinsured informed - Whether duty broken - Causation and contributory negligence.

[2007] Lloyd's Rep IR 717

RE BALLAST PLC ST PAUL TRAVELERS INSURANCE CO LTD v DARGAN

Insurance - Subrogation - Insurers indemnifying assured and seeking to exercise subrogation rights against third party - Assured becoming insolvent and going into liquidation-Liquidators wishing to disclaim contract with third party giving rise to subrogation rights - Whether insurers having equitable right over cause of action - Insolvency Act 1986, sections 178 and 181.

[2007] Lloyd's Rep IR 742

THE BOARD OF TRUSTEES OF THE TATE GALLERY v DUFFY CONSTRUCTION LTD

Insurance (construction) - Policy insuring employer and contractor against loss caused by flood and burst pipes - Tate Gallery flooded when pipe became detached from main - Whether flood or burst pipe - Effect of failure by contractor to take reasonable care, in breach of policy terms - Whether insurers entitled to exercise subrogation rights against contractor.

[2007] Lloyd's Rep IR 758