We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

LLR: Insurance & Reinsurance RSS feed

CAPE DISTRIBUTION LTD v CAPE INTERMEDIATE HOLDINGS PLC (NO 2)

Insurance (employers’ liability) – Exposure to asbestos – Mesothelioma – Co-insurance – Co-assured liable to give indemnity – Insurance not covering full period of co-assured's liability – Subrogation – Recoupment – Contribution – Civil Liability (Contribution) Act 1978, sections 1 and 7 – Limitation Act 1980, section 35 – Senior Courts Act 1981, section 51 – Civil Procedure Rules, r 17.1(2)(a).

[2017] Lloyd's Rep. IR 1

IMPACT FUNDING SOLUTIONS LTD v AIG EUROPE INSURANCE LTD

Insurance (professional indemnity) – Solicitors – Exclusion for liability under contracts for services – Scope of exclusion – Liability to indemnify lenders under litigation funding arrangements – Third Parties (Rights Against Insurers) Act 1930.

[2017] Lloyd's Rep. IR 60

ALLEN v MOHAMMED AND ANOTHER

Insurance (motor) – Unidentified driver driving with permission of owner of vehicle – Breach of statutory duty – Road Traffic Act 1988, sections 143 and 151 – European Communities (Rights Against Insurers) Regulations 2002.

[2017] Lloyd's Rep. IR 73

HAYWARD v ZURICH INSURANCE CO PLC

Insurance (employers' liability) – Settlement – Insurers suspicious of fraud – Whether settlement could be overturned when evidence of fraud came to light – Elements of fraudulent misrepresentation.

[2017] Lloyd's Rep. IR 84

MORENO v MOTOR INSURERS’ BUREAU

Insurance (motor) – Victim injured by uninsured driver in Greece – Recovery from Motor Insurers’ Bureau – Whether English or Greek measure of damages recoverable – Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulations 12 and 13 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC – Rome II Regulation, European Parliament and Council Regulation 864/2007/EC.

[2017] Lloyd's Rep. IR 99

SAHIN v HAVARD AND ANOTHER

Insurance (motor) – Claimant injured by uninsured, untraced driver – Claim against hirer for causing or permitting uninsured use – Whether insurers liable to indemnify hirer – Road Traffic Act 1988, sections 143, 145, 148 and 151.

[2017] Lloyd's Rep. IR 110

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

Insurance (liability) – Aggregation of losses – Construction of Proviso – Whether limit of indemnity for linked claims was £10 million or £20 million – Construction of contribution clause – Whether deductible applied to each claim or to aggregate of claims.

[2017] Lloyd's Rep. IR 118

GUNN AND OTHERS v DIAZ AND OTHERS

Insurance (motor vehicle) – Service out of jurisdiction – Necessary and proper party – Civil Procedure Rules, Part 6, Practice Direction 6B, paras 3.1(9)(a) and 3.1(3) – Regulation 864/2007/EC (Rome II Regulation).

[2017] Lloyd's Rep. IR 139

PRATTLEY ENTERPRISES LTD v VERO INSURANCE NEW ZEALAND LTD

Insurance (property) – Building damaged in two earthquakes and demolished after third earthquake – Settlement reached – Whether settlement could be overturned – Measure of indemnity for successive losses.

[2017] Lloyd's Rep. IR 175

ZURICH INSURANCE PLC v MACCAFERRI LTD

Insurance (product liability) – Claims condition – Condition precedent – Obligation on insured to give notice in writing to the insurer as soon as possible after the occurrence of any event likely to give rise to a claim – Insured becoming aware of claim 20 months after event – Whether insured in breach of condition.

[2017] Lloyd's Rep. IR 200

AIG EUROPE LTD v WOODMAN AND OTHERS

Insurance (professional indemnity) – Aggregation clause – Meaning of “similar acts or omissions in a series of related matters or transactions”

[2017] Lloyd's Rep. IR 209

DENSO MANUFACTURING UK LTD v GREAT LAKES REINSURANCE (UK) PLC

Insurance (after the event) – Effect of policy conditions – Whether conditions were conditions precedent – Whether conditions broken – Obligation to pay the premium – Insolvency of assured – Third Parties (Rights Against Insurers) Act 1930.

[2017] Lloyd's Rep. IR 240

XYZ v TRAVELERS INSURANCE CO LTD

Insurance (liability) – Insurer causing assured to defend uninsured claims – Whether claimants entitled to costs from insurer – Senior Courts Act 1981, section 51.

[2017] Lloyd's Rep. IR 269

AMLIN UK LTD v GEO-ROPE LTD

Insurance (employers' liability) – Employers' Liability (Compulsory Insurance) Act 1969, section 1 – Employers' Liability (Compulsory Insurance) Regulations 1998, Regulation 2 – Policy containing prohibited condition relating to cooperation by assured – Whether insurer, having paid, could seek indemnity from assured.

[2017] Lloyd's Rep. IR 277

GRACE ELECTRICAL ENGINEERING PTE LTD v EQ INSURANCE CO LTD

Insurance (public liability) – Liability incurred for fire damage – Policy containing General Conditions relating to reasonable care, admission of liability and limitation period – Whether General Conditions were conditions precedent – Whether any of the conditions was breached.

[2017] Lloyd's Rep. IR 323

MCBRIDE v UK INSURANCE LTD CLAYTON v EUI LTD

Insurance (motor) - Credit hire - Recoverability of hire charges - Measure of damages - Basic hiring rate - Whether additional cost of hiring with no excess recoverable.

[2017] Lloyd's Rep. IR 352

PEEL PORT SHAREHOLDER FINANCE CO LTD v DORNOCH LTD

Insurance (liability) – Pre-action discovery – Application for disclosure of insurance policy of solvent defendant – Third Parties (Rights Against Insurers) Act 2010 – CPR 31.16.

[2017] Lloyd's Rep. IR 374

LEEDS BECKETT UNIVERSITY v TRAVELERS INSURANCE CO LTD

Insurance (property) – All risks cover – Building demolished – Foundations disintegrated by reason of flowing water – Whether damage accidental and inevitable – Exclusion for gradual deterioration – Exclusion for faulty or defective design – Exclusion for contamination – Whether subsequent damage.

[2017] Lloyd's Rep. IR 417

WASTELL v WOODWARD AND ANOTHER

Insurance (motor) – Compulsory insurance – Injuries inflicted on motorcyclist by assured crossing a road to get to vehicle – Whether injuries caused by or arising out of the use of vehicle – Road Traffic Act 1988, section 145(3).

[2017] Lloyd's Rep. IR 474

WHYATT AND OTHERS v POWELL AND OTHERS

Insurance (motor) – Passengers injured by negligence of uninsured driver – Claim against Motor Insurers’ Bureau – Exclusion for persons who knew or ought to have known that driver was uninsured – Whether passengers ought to have known that driver was uninsured – Motor Insurers’Bureau Uninsured Drivers Agreement 1999, clause 6(1)(e)(ii).

[2017] Lloyd's Rep. IR 478

CAMERON v HUSSAIN AND ANOTHER

Insurance (motor) – Compulsory insurance – Driver of vehicle unidentified – Whether victim entitled to judgment against unidentified driver – Whether victim could enforce judgment against vehicle's insurers – Road Traffic Act 1988, sections 143, 151 and 152 – Motor Insurers’ Bureau Untraced Drivers Agreement.

[2017] Lloyd's Rep. IR 487

FIDELIDADE-COMPANHIA DE SEGUROS SA v CAISSE SUISSE DE COMPENSATION AND OTHERS

Insurance (motor) – "Compulsory insurance" – Policy avoided by reason of misrepresentation as to driver – Whether insurers entitled to avoid liability – First, Second and Third Motor Insurance Directives, Council Directive 72/166/EEC – Council Directive 84/5/EEC – Council Directive 90/232/EEC.

[2017] Lloyd's Rep. IR 540

MYALL v TOWER INSURANCE LTD

Insurance (property) – Measure of indemnity – Standard of repairs required – Apportionment for underinsurance.

[2017] Lloyd's Rep. IR 546

HOWE v MOTOR INSURERS’ BUREAU

Insurance (motor) – Claimant injured in road accident in France – Insurers of driver not traced – Claim for compensation against the Motor Insurers’ Bureau – Limitation period – Foreign Limitation Periods Act 1984 – Limitation Act 1980, sections 11 and 33 – Motor Vehicle (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003.

[2017] Lloyd's Rep. IR 570

HOWE v MOTOR INSURERS’ BUREAU (NO 2)

Insurance (motor) – Costs – Qualified one-way costs shifting – Whether claim against MIB for injuries sustained in France was one for damages for personal injury – Motor Vehicle (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (SI 2003 No 37), Regulations 13 and 16 – CPR 44.13.

[2017] Lloyd's Rep. IR 576

MANITOWOQ PLATINUM PTY LTD AND ANOTHER v WFI INSURANCE LTD

Insurance (business liability) – Refit of restaurant negligently performed – Whether insurers had a defence under the policy – General Condition requiring compliance with Australian Standards – Products exclusion – Workmanship exclusion.

[2017] Lloyd's Rep. IR 583

YOUNG AND ANOTHER v TOWER INSURANCE LTD

Insurance (property) – Earthquake damage – Whether house capable of economic repair – Whether insurers elected to make a cash settlement – Scope of duty of utmost good faith – Exemplary damages – Damages for late payment.

[2017] Lloyd's Rep. IR 605

ASPEN UNDERWRITING LTD v KAIROS SHIPPING LTD AND OTHERS (THE “ATLANTIK CONFIDENCE”)

Insurance (marine) – Vessel lost at sea – Settlement Agreement between owners and underwriters – Subsequent discovery that vessel was deliberately sunk – Claim by underwriters to recover settlement sum from mortgagee bank – Whether bank bound by exclusive jurisdiction clause in agreement – Agency – Jurisdiction over claims in tort and restitution – Whether special jurisdiction rules for insurance applied – Brussels Regulation Recast, Council Regulation 1215/2012/EU, articles 7 and 14.

[2017] Lloyd's Rep. IR 635

HIGHERDELTA LTD v COVEA INSURANCE PLC

Insurance (property) – Duty of disclosure – Misrepresentation – Materiality – Whether refusal to renew residential policy material to commercial policy – Inducement – Marine Insurance Act 1906, sections 18 and 20.

[2017] Lloyd's Rep. IR 650

TED BAKER PLC AND ANOTHER v AXA INSURANCE UK PLC AND OTHERS

Insurance (business interruption) – Claims co-operation 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.

[2017] Lloyd's Rep. IR 682