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NAPIER AND ETTRICK AND ANOTHER v. R. F. KERSHAW LTD. SOCIETY OF LLOYD’S AND OTHERS SOCIETY OF LLOYD’S v. WOODARD AND WILSON

[1997] LRLR 1

Reinsurance - Lloyd’s litigation - Premium Trust Deed - Construction - Names required to enter into PTD on joining Lloyd’s - Whether pre-1995 form of PTD embraced sums recovered in litigation against agents for negligent underwriting - Whether amendments to PTD in 1995 valid.

JUDD AND OTHERS v. MERRETT AND OTHERS.

[1997] LRLR 21

Reinsurance - Lloyd’s litigation - Leave to defend - Interim payment - Claim for payment of six collection notes - Defendants alleged amount claimed failed to give credit for 25 per cent inter-syndicate quota share policy and breach of contract in failing to take prompt steps to recover reinsurance moneys - Whether defendants entitled to unconditional leave to defend - Whether plaintiffs entitled to interim payment.

NEW HAMPSHIRE INSURANCE CO. AND OTHERS v. MGN LTD. AND OTHERS MAXWELL COMMUNICATION CORPORATION PLC AND OTHERS v. NEW HAMPSHIRE INSURANCE CO. AND OTHERS

[1997] LRLR 24

Insurance (Fidelity) - Excess layer insurance - Construction - Whether Chubb form of policy part of contract for top £10 m. layer which Chubb insured - Nature of insurance contracts - Whether single, joint or composite - Whether continuing duty of disclosure on assured.

PACIFIC AND GENERAL INSURANCE CO. LTD. v. HAZELL AND OTHERS SAME v. HOME & OVERSEAS INSURANCE CO. LTD. AND OTHERS

[1997] LRLR 65

Reinsurance - Excess of loss - Insurance brokers - Brokers placed reinsurance contracts with defendants - Operation of settlement procedure resulted in debiting of broker’s account in respect of first instalment of the minimum and deposit premiums due under contracts - Further instalments due - Provisional liquidator to plaintiff appointed - Brokers persuaded reinsurers to cancel contracts - Scope of brokers’ authority - Whether cancellation of contracts effective.

WÜRTTEMBERGISCHE AKTIENGESELLSCHAFTVERSICHERUNGS-BETEILIGUNGSGESELLSCHAFT AND ANOTHER v.HOME INSURANCE CO.

[1997] LRLR 86

Reinsurance - Run-off - Insurance underwriting pool - Plaintiff negotiated contract with defendants - Defendants to replace plaintiffs and plaintiffs to be relieved from having to be concerned with run-off - Issues raised as to consequences of failure of pool manager to properly conduct run-off.

INSURANCE CORPORATION OF THE CHANNEL ISLANDS LTD. AND ANOTHER v. McHUGH AND ROYAL HOTEL LTD.

[1997] LRLR 94

Insurance (Business Interruption) - Avoidance - Restitution - Counterclaim - Series of fires at insured premises - Insurers made payment in respect of business interruption claims - Insurers alleged fraud in presentation of claim - Whether benefit under policy avoided and insurers entitled to restitution - Whether insurers affirmed or estopped from avoiding policy - Counterclaim by second defendants - Allegations of conspiracy to injure - Whether insurers in breach of duty of utmost good faith and/or in breach of agreements made with second defendants.

McMAHON AND SMITH v. AGF HOLDINGS (UK) LTD. AND OTHERS NATIONAL EMPLOYERS MUTUAL GENERAL INSURANCE ASSOCIATION LTD. v. SAME

[1997] LRLR 159

Reinsurance contract - Damages - Net loss approach - Insurance company sold subsidiary under business sale agreement - Liquidation of insurance company imminent - Direct payment arrangement introduced - Whether insurance company suffered any recoverable damage or loss by virtue of direct payment arrangement.

CLARENCE ROY HILL v. CITADEL INSURANCE CO. LTD. AND CITADEL REINSURANCE CO. LTD.

[1997] LRLR 167

Reinsurance - Non-disclosure - Misrepresentation - Excess of loss reinsurance - Defendants alleged plaintiffs misrepresented placing information as to costs of XL protection and failed to disclose material circumstances - Whether defendants entitled to avoid policy - Whether defendants affirmed contracts.

SOCIETY OF LLOYD’S v. CLEMENTSON

[1997] LRLR 175

Reinsurance - Lloyd’s litigation - Central fund - Article 85 - Claim by Lloyd’s against Names under Central Fund Byelaw for reimbursements of payments made from Central Fund - Whether Central Fund arrangements void under EC Treaty, art. 85 - Whether arrangements caused Names loss - Whether Names could claim damages.

HENDERSON AND OTHERS v. MERRETT SYNDICATE LTD. AND OTHERS AND ERNST & WHINNEY HALLAM-EAMES AND OTHERS v. SAME HUGHES AND OTHERS v. MERRETT SYNDICATES LTD. AND OTHERS MERRETT AND ERNST & WHINNEY (No. 2)

[1997] LRLR 247

Reinsurance - Lloyd’s litigation - Limitation of time - Contribution - Negligent underwriting - Run-off contracts and reinsurance to close contracts - Claims against managing agents, members’ agents and auditors in tort - Whether actions time barred - Whether auditors entitled to contribution from members’ agents and/or managing agents - Whether plaintiffs entitled to an interim payment - Limitation Act, 1980, s. 14A - Civil Liability (Contribution) Act, 1978, ss. 1 and 2.

HENDERSON v. MERRETT SYNDICATES LTD. AND OTHERS AND ERNST & WHINNEY HALLAM-EAMES v. SAME HUGHES AND OTHERS v. MERRETT SYNDICATES LTD. AND OTHERS MERRETT AND ERNST & WHINNEY

[1997] LRLR 265

Reinsurance - Lloyd’s litigation - Negligent underwriting - Duty of care - Run-off contracts and reinsurance to close contracts - Claims against managing agents, members’ agents and auditors in contract and tort - Auditors alleged contributory negligence - Issues as to limitation - Limitation Act, 1980 s. 32.

ROYAL BOSKALIS WESTMINSTER N.V. AND OTHERS v. MOUNTAIN AND OTHERS

[1997] LRLR 523

Insurance (War Risks) - Sue and labour - Liability - Contract for dredging works close to Iraq-Kuwait border insured against war risks - Invasion of Kuwait - Finalization agreement providing for waiver of claims entered into - Whether waived claims could be properly expressed as sue and labour expenses - Effectiveness or enforceability of waiver of claims - Whether plaintiffs suffered loss which was recoverable - Whether irrecoverable on grounds of illegality - Maximum effective loss suffered by plaintiffs - Apportionment of sue and labour expenses.

KEN RANDALL ASSOCIATES LTD v. MMI COMPANIES INC

[1997] LRLR 648

Reinsurance - Warranties - Breach - Sale of one of members of Weavers pool of underwriting companies - Defendants warranted assets and liabilities in company’s accounts for year ending Dec. 31, 1991 - Plaintiffs alleged accounts understated liabilities - Whether plaintiffs entitled to damages for breach of warranties.

PROUDFOOT PLC v. FEDERAL INSURANCE CO.

[1997] LRLR 659

Insurance (Crime) - Construction - Employee theft - Company engaged to administer plaintiffs’ payroll - Company misapplied funds - Whether company held funds on trust - Whether acts performed within scope of usual duties of employee - Whether company employee for purposes of policy - Whether plaintiffs entitled to recover under policy.

AGNEW AND OTHERS v. LÄNSFÖRSÄKRINGSBOLAGENS AB

[1997] LRLR 671

Reinsurance - Jurisdiction - Article 5 - Application to set aside writ - Scope and construction of art. 5 - Guarantee insurance issued by defendants reinsured with plaintiff - Allegations of misrepresentation by plaintiffs - Whether duty to make fair presentation constituted obligation under art. 5(1) - Whether writ should be set aside - Civil Jurisdiction and Judgments Act, 1982, Schedule 3C, art. 5(1).

NEDERLANDSE REASSURANTIE GROEP HOLDING NV v. BACON & WOODROW ANDERNST & YOUNG

[1997] LRLR 678

Reinsurance - Breach of professional duty - Agreement to acquire reinsurance company - Whether advisers in breach of professional duty in respect of advice given to plaintiffs - Whether plaintiffs guilty of contributory negligence in entering into agreement - Calculation of damages.

Lloyd's Reinsurance Law Reports