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GARD MARINE & ENERGY LTD v TUNNICLIFFE AND OTHERS
[2012] Lloyd's Rep. IR 1
Reinsurance — Energy risks — Calculation of deductible — Whether deductible to be scaled to reflect the proportion of the assured’s interest in the total value of the insured subject matter — Misrepresentation.
GROUND GILBEY LTD AND ANOTHER v JARDINE LLOYD THOMPSON UK LTD
[2012] Lloyd's Rep. IR 12
Insurance (fire) — Insurance broker — Premises damaged by fire — Assured in breach of policy term requiring removal of liquefied gas portable heating appliances — Failure by broker to warn assured of obligation to remove appliances — Settlement reached with insurers — Whether broker liable for shortfall — Reasonableness of settlement — Contributory negligence.
ARASH SHIPPING ENTERPRISES CO LTD v GROUPAMA TRANSPORT SVERIGES ÅNGFARTYGS ASSURANS FÖRENING (INTERVENING)
[2012] Lloyd's Rep. IR 40
Insurance (marine) — Renewal of policy — Whether renewal provisions contravened Iranian sanctions — European Council Regulation (EU) No 961/2010.
PT BUANA SAMUDRA PRATAMA v MARINE MUTUAL INSURANCE ASSOCIATION (NZ) LTD (THE “BUANA DUA”)
[2012] Lloyd's Rep. IR 52
Insurance (marine) — Institute Time Clauses Hulls — Warranty against use of vessel for towage services — Vessel running aground en route to participate in towage — Whether breach of warranty — Whether held covered clause could be relied upon — Effect of follow leader clause — Fraudulent means and devices.
SANTOS v COMPANHIA EUROPEIA DE SEGUROS SA
[2012] Lloyd's Rep. IR 60
Insurance (motor) — Effect of Motor Insurance Directives on civil liability — Claimant injured in no fault accident and awarded 50 per cent of his loss — Whether Portuguese civil law inconsistent with European Parliament and Council Directive 2009/103/EC.
ARGO SYSTEMS FZE v LIBERTY INSURANCE (PTE) AND ANOTHER (THE “COPA CASINO”)
[2012] Lloyd's Rep. IR 67
Insurance (marine) — TOWCON excluding liability for damage to vessel — Policy containing warranty against holding towers harmless — Whether warranty broken — Whether insurers estopped from relying on breach of warranty.
BEAZLEY UNDERWRITING LTD AND ANOTHER v THE TRAVELERS COMPANIES INCORPORATED
[2012] Lloyd's Rep. IR 78
Insurance (professional indemnity) — Assured granting deed of indemnity to purchaser of broking business — Assured insured against liability — Whether assured liable to purchaser under deed of indemnity — Whether policy covered liability under deed of indemnity — Effect of qualified scratching of slip.
DIGITAL SATELLITE WARRANTY COVER LTD v FINANCIAL SERVICES AUTHORITY SATELLITE SERVICES v FINANCIAL SERVICES AUTHORITY
[2012] Lloyd's Rep. IR 112
Insurance — Authorisation to carry on insurance business — Companies offering repair and replacement services for digital television equipment — Whether insurance business being carried on — Whether winding-up orders should be made — Financial Services and Markets Act 2000, section 19 — Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2001.
SEALION SHIPPING LTD AND ANOTHER v VALIANT INSURANCE CO (THE “TOISA PISCES”)
[2012] Lloyd's Rep. IR 141
Insurance (marine) — Loss of hire policy — Non-disclosure and misrepresentation — Inchmaree Clause — Whether assured failing to act with due diligence — Aggregation — Whether one or three occurrences giving rise to loss.
SHARON’S BAKERY (EUROPE) LTD v AXA INSURANCE UK PLC AND ANOTHER
[2012] Lloyd's Rep. IR 164
Insurance (fire) — Assured using false invoice to obtain funding from finance company, secured on machinery — Machinery damaged by fire — Assured using invoice to assist in claim — Whether false invoice used for finance was a material fact — Moral hazard — Fraudulent claim — Use of fraudulent means or devices.
SAYCE v TNT (UK) LTD
[2012] Lloyd's Rep. IR 183
Insurance (motor) — Negligence — Damages for hiring of replacement vehicle pending repairs to claimant’s vehicle — Defendant offering claimant replacement vehicle — Claimant refusing offer — Whether claimant failed to mitigate loss.
ALL LEISURE HOLIDAYS LTD v EUROPAISCHE REISEVERSICHERUNG AG AND OTHERS
[2012] Lloyd's Rep. IR 193
Insurance (Passenger Protection) — Cruise operator selling vessel — Claims made under policy by passengers — Whether cruises cancelled — Whether passengers suffered loss — Significance of claims forms.
SUL AMÉRICA CIA NACIONAL DE SEGUROS SA AND OTHERS v ENESA ENGENHARIA SA AND OTHERS
[2012] Lloyd's Rep. IR 198
Insurance — Arbitration — Anti-suit injunction — Policy governed by law of Brazil and subject to exclusive Brazilian jurisdiction — Mediation and arbitration clauses — Law applicable to arbitration clause — Whether mediation a condition precedent to arbitration — Scope of arbitration clause — Whether arbitration clause prevailed over jurisdiction clause.
AVIVA INSURANCE LTD v BROWN
[2012] Lloyd's Rep. IR 211
Insurance (property) — Fraudulent claim — Loss by subsidence — Claim for accommodation costs — Assured giving rent quotation for premises which he already owned — Use of fraudulent means and devices — Remedy for fraudulent claim.
LAVRADOR AND ANOTHER v COMPANHIA DE SEGUROS FIDELIDADE-MUNDIAL SA
[2012] Lloyd's Rep. IR 236
Insurance (motor) — Effect of Motor Insurance Directives on civil liability — Cyclist killed in collision caused by his own fault — No damages awarded — Whether Portuguese civil law inconsistent with European Parliament and Council Directive 2009/103/EC, article 12.
QUANTUM CLAIMS COMPENSATION SPECIALISTS LTD v WREN INSURANCE SERVICES LTD
[2012] Lloyd's Rep. IR 242
Insurance (after the event) — Three additional defendants added to claim — Whether consent of insurers should have been sought under policy.
BROWN-QUINN AND ANOTHER v EQUITY SYNDICATE MANAGEMENT LTD AND ANOTHER
[2012] Lloyd's Rep. IR 248
Insurance (legal expenses, before the event cover) — Insurers appointing panel solicitors at fixed rates — Whether assured required to use panel solicitors — Whether assured permitted to use other solicitors at higher rates — Effect of policy term bringing cover to an end on change of solicitors — Legal Expenses Insurance Directive, Council Directive 87/344/EEC — Insurance Companies (Legal Expenses Insurance) Regulations 1990.
THE STANSFIELD GROUP PTE LTD v CONSUMERS’ ASSOCIATION OF SINGAPORE AND ANOTHER
[2012] Lloyd's Rep. IR 258
Insurance — Continuing duty of utmost good faith — Right of insurers to terminate cover — Whether any limits on exercise of right — Marine Insurance Act 1906, section 17.
JONES v ENVIRONCOM LTD AND ANOTHER
[2012] Lloyd's Rep. IR 277
Insurance (property) — Duties of insurance broker — Policy avoided for non-disclosure — Duty of broker to warn assured of disclosure obligations — Duty of broker to ascertain facts — Whether breach of duty caused loss — Whether risk insurable with full disclosure.
BRISTOL ALLIANCE LTD PARTNERSHIP v WILLIAMS AND ANOTHER
[2012] Lloyd's Rep. IR 285
Insurance (motor) — Damage caused by allegedly deliberate act — Whether insurers liable to indemnify victim — Road Traffic Act 1988, sections 145, 148 and 151 — First Motor Insurance Directive, Council Directive 72/166/EEC, article 1 — Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC, article 3.
MARITSAVE LTD v NATIONAL FARMERS UNION MUTUAL INSURANCE SOCIETY LTD
[2012] Lloyd's Rep. IR 296
Insurance (fire) — Unoccupied premises — Door and window warranty — Whether warranty broken.
TEAL ASSURANCE CO LTD v W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER
[2012] Lloyd's Rep. IR 315
Reinsurance — Allocation of liabilities incurred under underlying policies — Effect on reinsurance — Effect of “top and drop” clause.
GAMMIE v ABBEY LEGAL PROTECTION
[2012] Lloyd's Rep. IR 322
Insurance (professional indemnity) — Policy issued by coverholder — Whether coverholder personally liable to policyholder — Principles of construction — Agency.
CLOTHING MANAGEMENT TECHNOLOGY LTD v BEAZLEY SOLUTIONS LTD
[2012] Lloyd's Rep. IR 329
Insurance (marine) — Cargo — Clothing retained by unpaid workers and payment demanded — Constructive total loss — Whether notice of abandonment required — Whether assured in breach of claims condition — Effect of exclusions for loss caused by strikes and seizure — Whether assured failed to sue and labour — Material change in risk — Whether policy valued or unvalued — Marine Insurance Act 1906, sections 16, 27, 60, 62 and 78.
PINE v DAS LEGAL EXPENSES INSURANCE CO LTD
[2012] Lloyd's Rep. IR 346
Insurance (legal expenses) — Right of assured to choose own lawyer — Whether assured entitled to act as instructing solicitor — Damages for breach of policy terms.
THE SEASHELL OF LISSON GROVE LTD AND OTHERS v AVIVA INSURANCE LTD AND OTHERS
[2012] Lloyd's Rep. IR 356
Insurance (Property) — Effect of clause limiting insurers’ right to rely on breach of warranty — Effect of Non-Invalidation Clause.
ATLAS NAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD (THE “B ATLANTIC”)
[2012] Lloyd's Rep. IR 363
Insurance (marine) — Institute War and Strikes Clauses — Seizure of vessel following discovery of drugs — Whether insurers protected by exclusion for “infringement of any customs or trading regulations”.
EMPLOYERS’ LIABILITY INSURANCE TRIGGER LITIGATION BAI (RUN OFF) LTD v DURHAM BAI (RUN OFF) LTD v THOMAS BATES AND SON LTD AKZO NOBEL UK LTD v EXCESS INSURANCE CO LTD AMEC PLC v EXCESS INSURANCE CO LTD EDWARDS v EXCESS INSURANCE CO LTD INDEPENDENT INSURANCE CO LTD v FLEMING MUNICIPAL MUTUAL INSURANCE LTD v ZURICH INSURANCE CO AND OTHERS ZURICH INSURANCE CO AND OTHERS v MUNICIPAL MUTUAL INSURANCE LTD
[2012] Lloyd's Rep. IR 371
Liability insurance (employers’ liability) — Trigger of cover — Mesothelioma — Whether cover for “injury sustained” was on an exposure or injury basis — Whether cover for “disease contracted” was on an exposure or injury basis — Employers’ Liability (Compulsory Insurance) Act 1969.
SUL AMÉRICA CIA NACIONAL DE SEGUROS SA AND OTHERS v ENESA ENGENHARIA SA AND OTHERS
[2012] Lloyd's Rep. IR 405
Insurance — Arbitration — Anti-suit injunction — Policy governed by law of Brazil and subject to exclusive Brazilian jurisdiction — Mediation and arbitration clauses — Law applicable to arbitration clause — Whether mediation a condition precedent to arbitration — Scope of arbitration clause — Whether arbitration clause prevailed over jurisdiction clause.
W v VEOLIA ENVIRONMENTAL SERVICES (UK) PLC
[2012] Lloyd's Rep. IR 419
Insurance (motor) — Credit hire — Claimant hiring replacement vehicle — Credit hire agreement unenforceable — Claimant’s insurers paying hire — Subrogation — Whether insurers entitled to subrogation rights despite paying unenforceable claim.
SHERDLEY AND ANOTHER v NORDEA LIFE AND PENSIONS SA
[2012] Lloyd's Rep. IR 437
Insurance (life) — Conflict of laws — Jurisdiction — Whether parties had agreed jurisdiction — Validity of agreement — European Council Regulation (EC) No 44/2001, articles 9, 13 and 23.
MILTON KEYNES BOROUGH COUNCIL v NULTY AND OTHERS NATIONAL INSURANCE AND GUARANTEE CORPORATION LTD v NULTY AND ANOTHER
[2012] Lloyd's Rep. IR 453
Insurance (public liability) — Test for determining cause of loss — Proximate cause of loss — Effect of breach of claims condition — Damages for loss of opportunity to investigate cause of loss.
CHINA PING AN INSURANCE (HONG KONG) CO LTD v TSANG FUNG YIN AND ANOTHER
[2012] Lloyd's Rep. IR 493
Insurance (motor) — Cover note — Notice of loss provision in policy — Whether incorporated into contract prior to issue of policy.
HANWHA NON-LIFE INSURANCE CO LTD v ALBA PTE LTD
[2012] Lloyd's Rep. IR 505
Reinsurance — Declaration policy — Whether cover facultative or obligatory — Whether declaration to reinsurance valid — Whether reinsurers accepting declaration — Incorporation of terms into reinsurance.
HARRISON AND ANOTHER v BLACK HORSE LTD
[2012] Lloyd's Rep. IR 521
Insurance (payment protection) — Sale by bank in conjunction with loan — Whether bank in breach of Insurance Conduct of Business Rules — Whether bank negligent — Whether unfair relationship existed — Financial Services and Markets Act 2000, section 150 — ICOB, Rules 2.3 and 4.3 — Consumer Credit Act 1974, section 140A and B.
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v ACE INSURANCE LTD AND OTHERS
[2012] Lloyd's Rep. IR 537
Insurance (business interruption) — Cover commencing when disease became notifiable — Whether voluntary notification sufficed.
CHURCHILL INSURANCE CO LTD v WILKINSON EVANS v EQUITY CLAIMS LTD
[2012] Lloyd's Rep. IR 544
Insurance (motor) — Insured person injured as passenger in his own vehicle while being driven by uninsured person — Whether insurers entitled to recover sums paid to the passenger from the passenger himself — Consolidated Motor Insurance Directive 2009, European Parliament and Council Directive 2009/103/EC, articles 12 and 13 — Road Traffic Act 1988, section 151(8).
JOYCE AND ANOTHER v O’BRIEN AND ANOTHER
[2012] Lloyd's Rep. IR 553
Insurance (motor) — Claimant injured in joint criminal enterprise with driver — Whether driver owed duty of care — Whether driver had defence of ex turpi causa no oritur actio.
BRITISH WATERWAYS v ROYAL & SUN ALLIANCE INSURANCE PLC
[2012] Lloyd's Rep. IR 562
Insurance (motor) — Policy covering liability to employees and contractors — Whether assured liable at law — Whether policy covering liabilities beyond those in Road Traffic Act 1988 — Coverage for driver and user of vehicle — Whether liability arising out of use of tool — Road Traffic Act 1988, section 145.
PATTNI v FIRST LEICESTER BUSES LTD BENT v HIGHWAYS AND UTILITIES CONSTRUCTION LTD AND ANOTHER
[2012] Lloyd's Rep. IR 577
Insurance (motor) — Hire of replacement vehicle — Measure of damages for replacement vehicle where claimant has unjustifiably used credit hire.
INTERNATIONAL ENERGY GROUP LTD v ZURICH INSURANCE PLC UK
[2012] Lloyd's Rep. IR 594
Insurance (employers’ liability) — Mesothelioma — Claim against employer governed by law of Guernsey — Employer liable only for proportion of loss — Effect on insurance claim.
EUROPEAN GROUP LTD AND OTHERS v CHARTIS INSURANCE UK LTD
[2012] Lloyd's Rep. IR 603
Insurance (marine) — Cargo damaged — Whether damage occurred before or after delivery — Doctrine of proximate cause — Proof of cause — Whether loss the result of inherent vice.
FARADAY REINSURANCE CO LTD v HOWDEN NORTH AMERICA INC AND ANOTHER
[2012] Lloyd's Rep. IR 631
Insurance (products liability) — Conflict of laws — Jurisdiction — Whether dispute under policy covering US liabilities should be heard in England — Jurisdiction — Applicable law — Whether England the most convenient forum — CPR Practice Direction 6B, para 3.1(6).
STANDARD LIFE ASSURANCE LTD v ACE EUROPEAN GROUP AND OTHERS
[2012] Lloyd's Rep. IR 655
Insurance (professional indemnity) - Mitigation Costs - Assured establishing Fund and inviting claims by customers - Whether costs of establishing fund constituted Mitigation Costs - Whether mixed motive of assured in establishing fund justified apportionment - Whether losses could be aggregated.
RE COMBINED INSURANCE COMPANY OF AMERICA RE ACE EUROPEAN GROUP LTD RE ACE EUROPE LIFE LTD RE PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
[2012] Lloyd's Rep. IR 714
Insurance — Transfer of business — Whether directions should be given requiring notification of transfer to ex-policyholders with potential mis-selling claims against transferor — Financial Services and Markets Act 2000, section 108.
ALONSO v NATIONALE NEDERLANDEN VIDA CIA DE SEGUROS Y REASEGUROS SAE
[2012] Lloyd's Rep. IR 723
Insurance (life) — Consumer protection — Contracts negotiated away from business premises — Council Directive 85/577/EEC, article 3 — Council Directive 79/267/EEC, article 1.