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LLR: Insurance & Reinsurance RSS feed

AGEAS (UK) LTD v KWIK-FIT (GB) LTD AND ANOTHER

Insurance (indemnity) – Share purchase agreement – Breach – Measure of damages – Whether subsequent events affecting value of shares could be taken into account – Compensatory principle – Allocation of risk.

[2015] Lloyd's Rep. IR 1

HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD AND ANOTHER (THE “HO FENG 7”)

Insurance (marine) – Deadweight warranty – Effect of breach of warranty – Whether warranty inconsistent with cover note and policy – Relevance of knowledge of insurers as to breach of warranty – Rectification – Waiver and estoppel – Duty of disclosure – Marine Insurance Ordinance, sections 18, 33 and 34.

[2015] Lloyd's Rep. IR 14

MCLENNAN v INSURANCE AUSTRALIA LTD

Insurance (fire) – Burden of proof – Whether clause removing cover for fire deliberately set by a member of assured's household was an exclusion or a conditional promise.

[2015] Lloyd's Rep. IR 26

RIDGECREST NEW ZEALAND LTD v IAG NEW ZEALAND LTD

Insurance (property) – Building damaged by successive earthquakes – Measure of recovery – Application of merger doctrine to non-marine insurance – Principle of indemnity.

[2015] Lloyd's Rep. IR 34

ISLINGTON PARK LTD v ACE INSURANCE LTD AND OTHERS

Insurance (property) – Measure of indemnity – Deemed total loss where estimated cost of repair exceeded 80 per cent of agreed value – Meaning of “estimated cost of repair”.

[2015] Lloyd's Rep. IR 90

RATHBONE BROTHERS PLC AND ANOTHER v NOVAE CORPORATE UNDERWRITING LTD AND OTHERS

Insurance (professional indemnity) – Policy taken out by solicitors for benefit of employees  – Whether policy provided coverage for activities of employee as personal trustee – Whether policy was in excess of other insurances – Subrogation – Solicitors providing indemnity to employee – Whether indemnity available only after insurance coverage exhausted – Whether policy impliedly waived subrogation rights.

[2015] Lloyd's Rep. IR 095

VNUK v ZAVAROVALNICA TRIGLAV DD

Insurance (motor) – Accident involving tractor pulling trailer occurring on private land – Whether insurance was required – Meaning of “vehicle” – Relevance of use of vehicle – Whether obligation to insure extended to private land – First Motor Insurance Directive, Council Directive 72/166/EEC, articles 1 and 3.

[2015] Lloyd's Rep. IR 142

ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE “B ATLANTIC”) (NO 2)

Insurance (marine, war risks) – Vessel found to be carrying drugs and seized – Vessel a constructive total loss – Whether claim lost by reason of “infringement of any customs or trading regulations” – Whether claim lost by reason of failure to provide security – Duty to sue and labour – Whether costs recoverable – Institute War and Strikes Clauses Hull 1/10/83.

[2015] Lloyd's Rep. IR 151

PLEVIN v PARAGON PERSONAL FINANCE LTD

Insurance (payment protection insurance) – Assured not told of commission levels – No assessment of assured's needs by insurers – Whether lenders liable for defaults of broker – Unfair relationship – Consumer Credit Act 1974, sections 140A to 140D.

[2015] Lloyd's Rep. IR 247

TOWER INSURANCE LTD v SKYWARD AVIATION 2008 LTD

Insurance (property) – Total loss – Measure of indemnity – Whether choice as to measure of indemnity was that of insurers or that of assured – Measure of indemnity where another house was purchased.

[2015] Lloyd's Rep. IR 283

GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD; CHINA NATIONAL CHARTERING CO LTD v DAIICHI CHUO KISEN KAISHA (THE "OCEAN VICTORY")

Charterparty (Time) – Safe port warranty – Port taking precautions against existing dangers – Whether safe as a result – Negligent navigation – Bareboat charterparty – Whether demise charterers liable to ship owners for breach of safe port warranty – Insurance – Assignment – Subrogation – Barecon 89 Standard Bareboat Charter.

[2015] Lloyd's Rep. IR 295

TED BAKER PLC AND ANOTHER v AXA INSURANCE UK PLC AND OTHERS (NO 2)

Insurance (business interruption) – Claims cooperation clause – Requirement for assured to submit proofs as might reasonably be required by insurers – Whether clause broken – Effect of breach – Burden of proof – Effect of per loss deductible – Calculation of loss of gross revenue.

[2015] Lloyd's Rep. IR 325

KRAAL AND ANOTHER v THE EARTHQUAKE COMMISSION AND ANOTHER

Insurance (property) – Meaning of phrase “physical loss or damage to the property” – House undamaged but incapable of occupation by reason of threat of rockfalls – Whether house “lost or damaged” – Earthquake Commission Act 1993 (New Zealand).

[2015] Lloyd's Rep. IR 378

DELANEY v SECRETARY OF STATE FOR TRANSPORT

Insurance (motor) - Motor Insurers' Bureau - Uninsured Drivers' Agreement 1999 - Validity of exclusion for criminal acts by passenger - Second Motor Insurance Directive, Council Directive 84/5/EEC.

[2015] Lloyd's Rep. IR 441

STEVENS v EQUITY SYNDICATE MANAGEMENT LTD

Insurance (motor) - Measure of damages for cost of hiring replacement vehicle - Use of credit hire where claimant was not impecunious - Calculation of basic hire rate (BHR).

[2015] Lloyd's Rep. IR 503

DOWLING v BENNETT GRIFFIN

Insurance (liability) – Disclosure of insurance information – Professional negligence – Solicitor – Whether solicitor negligent in failing to seek disclosure order – Civil Procedure Rules, Part 18.

[2015] Lloyd's Rep. IR 522

LITAKSA UAB v BTA INSURANCE CO SE

Insurance (motor) – Insurer charging supplementary premium for use of vehicles elsewhere in EU – Obligation to provide EU coverage for a single premium – Third Motor Insurance Directive, 90/232/EEC, article 2 – Consolidated Motor Insurance Directive, 2009/103/EC, article 14.

[2015] Lloyd's Rep. IR 529

MORENO v MOTOR INSURERS' BUREAU

Insurance (motor) – English resident victim injured in Greece by uninsured driver – Claim against UK Motor Insurers' Bureau – Measure of damages – Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 – Rome II Regulation, European Parliament and Council Regulation 864/2007/EC.

[2015] Lloyd's Rep. IR 535

WESTERN TRADING LTD v GREAT LAKES REINSURANCE (UK) PLC

Insurance (property) – Insurable interest – Misrepresentation – Materiality and inducement – Sum payable under the policy – Insurance monies payable only for reinstatement – Property not reinstated – Whether declaration an appropriate remedy – Marine Insurance Act 1906, section 20.

[2015] Lloyd's Rep. IR 561

HAYWARD v ZURICH INSURANCE CO PLC

Insurance (employers’ liability) – Settlement reached with victim – Fraud suspected – Evidence of fraud becoming apparent thereafter – Whether settlement could be set aside.

[2015] Lloyd's Rep. IR 585

MACCAFERRI LTD v ZURICH INSURANCE PLC

Insurance (liability) – Condition precedent on assured to notify insurers of event likely to give rise to a claim – Whether condition precedent broken.

[2015] Lloyd's Rep. IR 594

ZURICH INSURANCE PLC UK BRANCH v INTERNATIONAL ENERGY GROUP LTD; ASSOCIATION OF BRITISH INSURERS (INTERVENING); ASBESTOS VICTIM SUPPORT GROUP FORUM UK (INTERVENING)

Insurance (employers’ liability) – Asbestos – Mesothelioma – Insurer on risk for six years – Employee exposed to asbestos for 27 years by same employer – Whether insurer liable for entire 27 years – Right of insurer to contribution from other insurers on risk – Right of recoupment against assured employer for periods without insurance – Allocation of defence costs – Compensation Act 2006, section 3 – Civil Liability (Contribution) Act 1978 – Financial Services and Markets Act 2000 – Mesothelioma Act 2014 – Third Parties (Rights Against Insurers) Acts 1930 and 2010.

[2015] Lloyd's Rep. IR 598

AVONSIDE HOLDINGS LTD v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD

Insurance (property) – Measure of indemnity – Assured entitled to sum equivalent to notional costs of rebuilding property – Calculation of rebuilding costs – Whether contingencies, professional fees and external works to be included in calculating rebuilding costs.

[2015] Lloyd's Rep. IR 653

INVOLNERT MANAGEMENT INC v APRILGRANGE LTD AND OTHERS AIS INSURANCE SERVICES LTD (FIRST THIRD PARTY) OAMPS SPECIAL RISKS LTD (SECOND THIRD PARTY)

Insurance (marine) – Yacht – Non-disclosure of overvaluation of yacht – Non-disclosure of fact that the yacht was on the market – Materiality – Inducement – Waiver of disclosure – Misrepresentation as to value of vessel – Whether assured complied with policy terms as to notification of loss, commencement of proceedings and giving evidence on oath – Notice of abandonment – Marine Insurance Act 1906, sections 18, 20 and 57 to 62 – Relationship between assured, producing broker and placing broker – Duty of broker to complete proposal form and to warn assured of duty of disclosure.

[2015] Lloyd's Rep. IR 661