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HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD
Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, sections 24 and 33.
[2021] Lloyd's Rep. IR 1
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SWASHPLATE PTY LTD v LIBERTY MUTUAL INSURANCE CO (TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS)
Insurance (marine) – Goods in transit – Commencement of cover – Institute Cargo Clauses A – Transit clause – Effect of words “From: 19 May 2018 … To: Date of arrival …” – Cargo loaded in US but insured under policy issued in Australia, with 15 hours’ time difference – Institute Cargo Clauses 2009.
[2021] Lloyd's Rep. IR 37
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THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS
Insurance (liability) – Third-party claim – Application for declaration for declaration as to coverage – Jurisdiction of the court – Third Parties (Rights Against Insurers) Acts 1930 and 2010 – CPR 40.20.
[2021] Lloyd's Rep. IR 51
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THE FINANCIAL CONDUCT AUTHORITY v ARCH INSURANCE (UK) LTD ARGENTA SYNDICATE MANAGEMENT LTD ROYAL & SUN ALLIANCE INSURANCE PLC MS AMLIN UNDERWRITING LTD HISCOX INSURANCE CO LTD QBE UK LTD ARCH INSURANCE (UK) LTD v THE FINANCIAL CONDUCT AUTHORITY
Insurance (business interruption) – Covid-19 – Notifiable disease – National lockdown – Whether business interruption policy extensions responded to loss.
[2021] Lloyd's Rep. IR 63
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SARFRAZ v AKHTAR AND ANOTHER
Insurance (motor vehicle) – Compulsory insurance – Striking out – Summary judgment – Assured injured while a passenger in his own car – Whether car unlawfully taken – Whether assured permitting himself to be carried – Road Traffic Act 1988, sections 151(2) and 151(4).
[2021] Lloyd's Rep. IR 121
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HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)
General average – Vessel seized and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.
[2021] Lloyd's Rep. IR 127
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IRWELL INSURANCE CO LTD v WATSON AND OTHERS
Insurance – Claims made in employment tribunal against insolvent employer – Whether tribunal having jurisdiction to determine the liability of the employer's insurers – Effect of arbitration clause – Third Parties (Rights Against Insurers) Act 2010, section 2 – Arbitration Act 1996, section 9.
[2021] Lloyd's Rep. IR 145
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LEE v STRELNICKS SOUAID v NAHAS CASSIM v NGUYEN RIXON v ARSALAN
Insurance (motor) – Measure of damages in tort – Cost of hiring replacement vehicle – Mitigation of loss.
[2021] Lloyd's Rep. IR 159
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SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC
Insurance (liability) – Aggregation – Limit of indemnity applied to all losses arising from one original cause – Two groups of patients subjected to misconduct by one surgeon – Whether one or two original causes.
[2021] Lloyd's Rep. IR 182
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AXIS CORPORATE CAPITAL UK II LTD AND OTHERS v ABSA GROUP LTD AND OTHERS
Reinsurance – Conflict of laws – Whether reinsurance agreements contained exclusive jurisdiction clauses – Anti-suit injunction – Declaratory relief – Senior Courts Act 1981, section 37.
[2021] Lloyd's Rep. IR 195
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CATLIN SYNDICATE LTD AND OTHERS v AMEC FOSTER WHEELER USA CORPORATION AND ANOTHER
Insurance (liability) – Conflict of laws – Anti-suit injunction – Binding effect of exclusive jurisdiction clause – Whether arbitration clause incorporated – Senior Courts Act 1981, section 37.
[2021] Lloyd's Rep. IR 207
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CORPORIS SP ZOO v GEFION INSURANCE A/S
Insurance (motor) – Claims representative – Whether service of legal proceedings can be effected on claims representative – European Parliament and Council Directive 2009/138/EC, article 152.
[2021] Lloyd's Rep. IR 226
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GEMMELL v KSL HAIR LTD AND OTHERS
Insurance (liability) – Claim for assault and negligence in performing hair transplant procedures – Third Parties (Rights Against Insurers) Act 2010.
[2021] Lloyd's Rep. IR 233
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MOORE v IAG NEW ZEALAND LTD
Insurance (property) – Aggregation – Successive earthquakes – Whether earthquakes constituted a series of losses or events – Causation.
[2021] Lloyd's Rep. IR 244
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RAWSON HOMES PTY LTD v ALLIANZ AUSTRALIA INSURANCE LTD
Insurance (construction) – Hailstorm giving rise to damage to 122 roofs – Application of deductible – Whether one event or 122 events – Whether one claim or 122 claims.
[2021] Lloyd's Rep. IR 252
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AXIS CORPORATE CAPITAL UK II LTD AND OTHERS v ABSA GROUP LTD AND OTHERS (NO 2)
Reinsurance – Conflict of laws – Reinsurance arranged in layers – Separate jurisdiction provisions in each layer – Whether exclusive jurisdiction agreed upon – Grant of anti-suit injunction – Senior Courts Act 1981, section 37.
[2021] Lloyd's Rep. IR 267
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IN THE MATTER OF CERTAIN OF THE MEMBERS AT LLOYD’S FOR ANY OR ALL OF THE 1993 TO 2020 (INCLUSIVE) YEARS OF ACCOUNT, REPRESENTED BY THE SOCIETY OF LLOYD’S; IN THE MATTER OF LLOYD’S INSURANCE CO SA; IN THE MATTER OF PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
Insurance (transfer of insurance business) – Financial Services and Markets Act 2000, Part VII – Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) Order 2001 (SI 2001 No 3626) – Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants Regulations) 2001 (SI 2001 No 3625).
[2021] Lloyd's Rep. IR 283
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R (ON THE APPLICATION OF AVIVA INSURANCE LTD AND ANOTHER) v THE SECRETARY OF STATE FOR WORK AND PENSIONS
Insurance (liability) – Obligation of liability insurers to repay state benefits received in respect of injuries – Application to long-tail exposure liabilities – Whether obligation contrary to human rights law – Social Security (Recovery of Benefits) Act 1997 – Human Rights Act 1998.
[2021] Lloyd's Rep. IR 291
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RE MURRAY (DECEASED) CRUMMER v AAI LTD ABN 48 005 297 807, TRADING AS AAMI
Insurance (householder's liability) – Policy excluding liability for death or injury of anyone who usually lives at the insured address – Meaning of exclusion.
[2021] Lloyd's Rep. IR 330
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HOLMES v S & B CONCRETE LTD
Insurance (employers’ liability) – Personal injury claim – Employer company dissolved – Application to restore company to register – Limitation period – Limitation Act 1980, sections 11 and 33 – Companies Act 2006, sections 1029, 1030 and 1033 – Third Parties (Rights Against Insurers) Act 1930.
[2021] Lloyd's Rep. IR 337
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LORD BISHOP OF LEEDS AND ANOTHER v DIXON COLES AND GILL (A FIRM) AND OTHERS THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS (NO 2)
Insurance (professional indemnity) – Aggregation – Whether claims arising from one series of related acts or omissions could be aggregated – Whether two sets of claims arose from one series of related acts – Partnership Act 1890, sections 9 to 13 – Limitation Act 1980, section 21 – Third Parties (Rights Against Insurers) Act 1930 – Summary judgment – CPR 24.2.
[2021] Lloyd's Rep. IR 344
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TECHNOLOGY SWISS PTY LTD v AAI LTD, TRADING AS VERO INSURANCE
Insurance (marine) – Subrogation – Whether payment by insurer was for insured loss – Allocation of third-party recovery between insurer and assured.
[2021] Lloyd's Rep. IR 377
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KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER
Insurance (employers’ liability) – Avoidance of policy for non-disclosure and misrepresentation – Whether there was a right to avoid – Effect of Insurance Conduct of Business Sourcebook (ICOBS) – Whether avoidance unreasonable – Third Parties (Rights Against Insurers) Act 1930 – Employers’ Liability (Compulsory Insurance) Act 1969.
[2021] Lloyd's Rep. IR 401
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LORD BISHOP OF LEEDS (THE RIGHT REVEREND NICHOLAS BAINES) AND ANOTHER v DIXON COLES & GILL (A FIRM) AND OTHERS; THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS; SOLICITORS REGULATORY AUTHORITY (INTERVENER)
Insurance (professional indemnity) – Aggregation – Whether claims arising from one series of related acts or omissions could be aggregated – Whether two sets of claims arose from one series of related acts.
[2021] Lloyd's Rep. IR 410
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SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD v DODDS AND OTHERS
Insurance (property) – Settlement Agreement – Misrepresentation by insurers as to sums payable – Continuing duty of utmost good faith – Whether Settlement Agreement could be overturned.
[2021] Lloyd's Rep. IR 426
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TRAVELERS INSURANCE CO LTD v ARMSTRONG AND ANOTHER
Insurance (liability) – Privilege – Scope of joint retainer privilege – Rights of parties to joint retainer.
[2021] Lloyd's Rep. IR 454
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ABN AMRO BANK NV v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS
Insurance (marine) – Credit risk insured under marine policy – Whether risk covered by policy – Duty of disclosure relating to existence of credit risk clause – Effect of non-avoidance clause – Misrepresentation – Duty to act reasonably to prevent losses – Suing and labouring clause – Whether brokers in breach of duty – Marine Insurance Act 1906, section 18(3).
[2021] Lloyd's Rep. IR 467
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DANBOL PTY LTD v SWISS RE INTERNATIONAL SE AND OTHERS
Insurance (property) – Held covered – Insurers offering temporary cover following termination of policy – Whether offer binding on insurers – Acceptance by silence – Whether acceptance waived – Whether offer otherwise accepted.
[2021] Lloyd's Rep. IR 537
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EQUITAS LTD AND ANOTHER v SANDE INVESTMENTS LTD AND OTHERS
Reinsurance – Lloyd's brokers – Sub-agents appointed by brokers collecting reinsurance recoveries due to Lloyd's Syndicates – Liability of sub-agents to Syndicates – Status of sub-agents – Implied contract of retainer – Duty of care in tort – Fiduciary duties – Unjust enrichment – Limitation of actions – Limitation Act 1980, sections 2, 5, 21 and 32.
[2021] Lloyd's Rep. IR 553
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MARKEL BERMUDA LTD v CAESARS ENTERTAINMENT INC
Insurance (business interruption) – Date when contract made – Whether policy contained arbitration clause – Whether policy superseded earlier agreement – Rectification – Anti-suit injunction – Senior Courts Act 1981, section 37.
[2021] Lloyd's Rep. IR 601
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RE PRUDENTIAL ASSURANCE CO LTD AND ROTHESAY LIFE PLC
Insurance (transfer of business) – Sanction of court for transfer of annuity business – Financial Services and Markets Act 2000, Part VII.
[2021] Lloyd's Rep. IR 623
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RE SOCIETY OF LLOYD'S AND LLOYD'S INSURANCE CO SA
Insurance (regulation) – Transfer of insurance business – Post-Brexit arrangements for Lloyd’s – Conversion of reinsurance into retrocession – Financial Services and Markets Act 2000, section 112.
[2021] Lloyd's Rep. IR 645