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LLR: Insurance & Reinsurance RSS feed

AMI INSURANCE LTD v LEGG AND OTHERS

Insurance (liability) – Causation – Exclusion for business use of land – Meaning of “arising out of or in connection with” – Concurrent causes.

[2018] Lloyd's Rep. IR 1

ASSENS HAVN v NAVIGATORS MANAGEMENT (UK) LTD

Insurance (liability) – Third-party direct action against insurers – Jurisdiction – Exclusive jurisdiction clause – Whether clause binding on third-party claimant – Brussels Regulation, Council Regulation 44/2001/EC, articles 11, 13 and 14.

[2018] Lloyd's Rep. IR 10

MENDES v CRÉDITO AGRÍCOLA SEGUROS – COMPANHIA DE SEGUROS DE RAMOS REAIS SA

Insurance (motor) – Compulsory cover – Policyholder/owner of vehicle run down and injured by thief – Portuguese law precluding coverage for policyholder – Whether exclusion compatible with EU law – European Parliament and Council Directive 2009/103/EC, articles 12(3) and 13(1).

[2018] Lloyd's Rep. IR 16

REDMAN v ZURICH INSURANCE PLC AND ANOTHER

Insurance (liability) – Assured company removed from register – Whether insurers could be sued directly – Transitional arrangements – Third Parties (Rights Against Insurers) Act 1930 – Third Parties (Rights Against Insurers) Act 2010 – Third Parties (Rights Against Insurers) Act 2010 (Commencement) Order.

[2018] Lloyd's Rep. IR 45

WEIR SERVICES AUSTRALIA PTY LTD v AXA CORPORATE SOLUTIONS ASSURANCE

Insurance (liability) – Claim settled by assured prior to arbitration award – Award dismissing claim against assured – Whether insurers liable for settlement – Whether insurers liable for defence costs – Meaning of “occurrence” – Claims condition – Effect of condition precedent.

[2018] Lloyd's Rep. IR 50

CROWDEN AND ANOTHER v QBE INSURANCE (EUROPE) LTD

Insurance (professional indemnity) – Exclusion for insolvency – Principles applicable to interpretation of insurance exclusions – Causation – Effect of assignment of rights to Financial Services Compensation Scheme – Third Parties (Rights Against Insurers) Act 1930 – Financial Services and Markets Act 2000.

[2018] Lloyd's Rep. IR 83

FARRELL v WHITTY AND OTHERS

Insurance (motor) – Direct effect of EU law – Whether Motor Insurers’ Bureau of Ireland an emanation of the state.

[2018] Lloyd's Rep. IR 103

MALAMIT PTY LTD v WFI INSURANCE LTD

Insurance (professional indemnity) – Whether claim made by “third party” – Exclusion for claims by subsidiaries.

[2018] Lloyd's Rep. IR 110

NETO DE SOUSA v PORTUGUESE STATE

Insurance (motor vehicle) – Driver injured in motor vehicle accident – Driver's spouse killed – Whether driver has insurance claim – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

[2018] Lloyd's Rep. IR 118

SKM RECYCLING PTY LTD AND ANOTHER v AUSTRALIAN RELIANCE PTY LTD

Insurance (business interruption) – Liability of broker – Failure by broker to ensure that application to insurers contained correct information – Whether broker under a duty to ensure that assured understood financial questions – Measure of damages.

[2018] Lloyd's Rep. IR 133

OLDHAM v QBE INSURANCE (EUROPE) LTD

Insurance (professional indemnity) – Liability of insurer to pay defence costs – Coverage dispute resolved by arbitrator in favour of insurers – Whether assured required to repay defence costs – Serious irregularity in award on costs – Extension of time for appeal – Arbitration Act 1996, sections 33, 68, 69, 70 and 80.

[2018] Lloyd's Rep. IR 151

RODRIGUES DE ANDRADE AND ANOTHER v SALVADOR AND OTHERS

Insurance (motor) – Tractor stationary but engine switched on to drive a herbicide spray pump – Definition of “vehicle” – Whether vehicle being “used” – Council Directive 72/166/EEC, articles 1(1) and 3(1).

[2018] Lloyd's Rep. IR 164

SADAT v TOWER INSURANCE LTD AND ANOTHER

Insurance (property) – Whether house damaged by earthquake – Validity of evidence of effect of earthquake – Whether economic loss was recoverable – Whether house becoming uninhabitable was economic loss – Proximate cause – Damages for failure to pay claim.

[2018] Lloyd's Rep. IR 170

SOUTHERN ROCK INSURANCE CO LTD v HAFEEZ

Insurance (motor) – Presentation of the risk – Misrepresentation – Whether assured had misrepresented residence address – Right of insurers to avoid policy – Consumer Insurance (Disclosure and Representations) Act 2012 – Road Traffic Act 1988, sections 151 and 152.

[2018] Lloyd's Rep. IR 207

ASHFAQ v INTERNATIONAL INSURANCE COMPANY OF HANNOVER PLC

Insurance (property) – Basis of contract clause – Criminal trial pending against assured – Breach of warranty – Unfair Terms in Consumer Contracts Regulations 1999 – Insurance Conduct of Business Sourcebook (ICOBS) Rules – Whether assured was a consumer.

[2018] Lloyd's Rep. IR 228

CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE “RENOS”)

Insurance (marine) – Vessel damaged by fire – Whether vessel a constructive total loss – Whether notice of abandonment validly served – Assessment of costs of repairs – Whether costs incurred before notice of abandonment served to be taken into account – Salvage costs – Suing and labouring – Marine Insurance Act 1906, sections 60, 62 and 88.

[2018] Lloyd's Rep. IR 250

SHEEHAN v LLOYD'S NAMES MUNICH RE SYNDICATE LTD

Insurance (marine) – Engine damaged by loss of oil – Causation – Whether damage accidentally caused – Whether proximate cause of loss was use of engine or defective design of engine.

[2018] Lloyd's Rep. IR 270

CONTACT (PRINT AND PACKAGING) LTD v TRAVELERS INSURANCE CO LTD

Insurance (property and business interruption) – Proximate cause of loss – Subsidence and settlement – Defective design of foundations – Measure of indemnity for property damage – Measure of indemnity for business interruption.

[2018] Lloyd's Rep. IR 295

LEE AND OTHERS v IAG NEW ZEALAND LTD

Insurance (property) – Building damaged by earthquake – Measure of indemnity where building not reinstated – Betterment – Principles for calculation of interest.

[2018] Lloyd's Rep. IR 345

HABERDASHERS’ ASKE'S FEDERATION TRUST LTD AND ANOTHER v LAKEHOUSE CONTRACTS LTD AND ANOTHER ZURICH INSURANCE PLC AND OTHERS (THIRD PARTIES)

Insurance – Subrogation – Construction contract – Sub-contractor required to indemnify contractor and to insure against liability – Contractor's policy covering sub-contractor – Whether sub-contractor immune from subrogation proceedings by contractor's insurers – Agency – Standing offer – Acceptance by conduct – Contracts (Rights of Third Parties) Act 1999.

[2018] Lloyd's Rep. IR 382

HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD AND OTHERS

Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, section 24.

[2018] Lloyd's Rep. IR 402

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.

[2018] Lloyd's Rep. IR 425

RAMSOOK v CROSSLEY

Insurance (motor liability) – Policy conferring upon the insurers the right to take over the defence of any claim – Judgment obtained against the assured without her knowledge – Whether judgment should be set aside – Duty of insurers towards an assured in defending a claim.

[2018] Lloyd's Rep. IR 471

BLUEBON LTD v AGEAS UK LTD AND OTHERS

Insurance (property) – Electrical Installation Inspection Warranty requiring inspections every five years – Meaning of “warranty” – Whether a true warranty or a suspensory condition.

[2018] Lloyd's Rep. IR 503

BROADGRAIN COMMODITIES INC v CONTINENTAL CASUALTY CO

Insurance (marine) – Goods shipped under CIF contract – Certificates of insurance assigned to buyer – Goods damaged in transit – Claim by seller – Whether seller had insurable interest – Whether seller suffered loss – Waiver and estoppel – Canadian Marine Insurance Act 1993 – UK Marine Insurance Act 1906, sections 5, 7, 8 and 14.

[2018] Lloyd's Rep. IR 541

LEWINGTON v MOTOR INSURERS’ BUREAU

Insurance (motor) – Appellant injured by untraced driver – Claim against Motor Insurers’ Bureau under Untraced Drivers Agreement – Meaning of “motor vehicle” – Appeal against arbitrator's award – Whether MIB Agreement compatible with the Consolidated Motor Insurance Directive, 2009/103/EC – Road Traffic Act 1988, section 185 – Arbitration Act 1996, section 69.

[2018] Lloyd's Rep. IR 562

EURO POOLS PLC v ROYAL AND SUN ALLIANCE INSURANCE PLC

Insurance (professional indemnity) – Claims made cover – Notification of circumstances – Whether assured aware of circumstances at the time of alleged notification – Limitation period applicable to mitigation costs – Estoppel by representation and estoppel by convention.

[2018] Lloyd's Rep. IR 575

HOFSOE v LVM LANDWIRTSCHAFTLICHER VERSICHERUNGSVEREIN MÜNSTER AG

Insurance (liability) – Jurisdiction – Direct action against insurers – Assignment of claim to professional claims assignee – Whether claim could be brought in courts of assignee's domicile – Brussels Regulation, European Parliament and Council Regulation (EC) No 44/2001.

[2018] Lloyd's Rep. IR 608

IRVING v MORGAN SINDALL PLC

Insurance (motor vehicle) – Credit hire charges for replacement vehicle – Whether contingent liability to pay charges sufficed for claim – Whether claimant was impecunious.

[2018] Lloyd's Rep. IR 614

TRAVELERS INSURANCE CO LTD v XYZ

Insurance (liability) – Failure of insurers to disclose existence of insurance – Liability of insurers for costs of claimants whose claims were not covered by insurance – Senior Courts Act 1981, section 51.

[2018] Lloyd's Rep. IR 636

CLARK v FARLEY AND OTHERS

Insurance (motor) – Motor Insurers’ Bureau – Claimant injured in collision between two uninsured motorcycles – Ex turpi causa – Whether claimant precluded from recovery by participation in joint enterprise.

[2018] Lloyd's Rep. IR 645

WEIR SERVICES AUSTRALIA PTY LTD v AXA CORPORATE SOLUTIONS ASSURANCE

Insurance (liability) – Claim settled by assured prior to arbitration award – Award dismissing claim against assured – Whether insurers liable for settlement – Whether insurers liable for defence costs – Meaning of “occurrence” – Claims condition – Effect of condition precedent.

[2018] Lloyd's Rep. IR 666

XU AND ANOTHER v IAG NEW ZEALAND LTD

Insurance (property) – Sale of damaged property – Assignment of claim to purchaser – Whether purchaser able to recover rebuilding costs.

[2018] Lloyd's Rep. IR 710