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EUROCROSS SALES LTD. AND ANOTHER v. CORNHILL INSURANCE PLC

[1996] LRLR 1

Practice - Joinder of plaintiffs - Insurance claim - Director and shareholders bought company’s business including insurance claim - Director applied to be joined as plaintiff - Joinder granted subject to condition - Whether Court had power to impose condition - Whether joinder should be set aside.

PACIFIC & GENERAL INSURANCE CO. LTD. (IN LIQUIDATION) v. BALTICA INSURANCE CO. (U.K.) LTD. ANDOTHERS

[1996] LRLR 8

Reinsurance - Notice of loss clause - Inspection of records - Construction - Notification of claims and inspection of relevant documents - Whether contractual inspection refused - Whether claims properly notified - Whether plaintiffs entitled to summary judgment against defendant reinsurers.

STRONGHOLD INSURANCE CO. LTD. v. OVERSEAS UNION INSURANCE LTD.

[1996] LRLR 13

Reinsurance - Mareva injunction - Application to set aside - Non-disclosure - Dispute between plaintiffs and defendants intended to be referred to arbitration - Allegation of risk of defendants dissipating assets - Mareva injunction granted - Whether risk existed - Whether plaintiffs failed to disclose material facts - Whether injunction should be set aside.

HUME v. AA MUTUAL INTERNATIONAL INSURANCE CO. LTD.

[1996] LRLR 19

Reinsurance - Excess of loss - Stay of action - Plaintiffs claimed under five excess of loss reinsurance contracts - Defendants applied for stay - Whether separate arbitration agreements between each syndicate member and defendants - Whether arbitration agreement a non-domestic arbitration agreement - Whether defendants entitled to stay of action - Arbitration Act, 1975, s. 1. Reinsurance - Excess of loss - Summary judgment - Plaintiffs claimed under five reinsurance contracts - Plaintiffs applied for summary judgment - Whether defendants had good arguable defence - Whether plaintiffs entitled to summary judgment - R.S.C., O. 14.

TRANSTHENE PACKAGING CO. LTD. v. ROYAL INSURANCE (U.K.) LTD.

[1996] LRLR 32

Insurance (Property (Fire and Perils)) - Indemnity - Breach of warranty - Repudiation - Insured property damaged by fire - Insured claimed for loss of stock and business equipment and business interruption - Allegations of arson and fraudulent claims - Letter from insurers avoiding policy for breach of warranty - Whether repudiatory breach - Whether insurers liable under policy.

MURPHY AND ANOTHER v. YOUNG & CO.’S BREWERY PLC AND SUN ALLIANCE AND LONDON INSURANCE PLC

[1996] LRLR 60

Insurance (Legal Expenses) - Indemnity - Costs - Employment claim by plaintiffs against first defendants unsuccessful - Costs awarded against plaintiffs - Plaintiffs unable to pay - Whether costs recoverable from insurers as funders of litigation - Supreme Court Act, 1981, s. 51.

SEARLE v. A. R. HALES & CO. LTD. AND OTHERS HAND v. SAME

[1996] LRLR 68

Insurance (Home Income Plan) - Duty of care - Application to strike out - Investors acquired personal investment bonds through brokers - Bonds decreased in value and investors suffered loss - Whether insurers owed investors duty of care - Whether brokers acted as agents of insurers - Whether action against insurers should be struck out.

BANCO DE HONDURAS S.A. v. EAST WEST INSURANCE CO. LTD.

[1996] LRLR 74

Insurance (Marine) - Jurisdiction - Exclusive jurisdiction clause - Stay of action - Defendants insured cargo for voyage from Pakistan to Honduras - Insurance subject to English law and practice but all disputes to be referred to Courts in Pakistan - Whether Court had jurisdiction to hear action - Whether application to set aside writ should be granted.

AKAI PTY LTD. v. THE PEOPLES INSURANCE CO. LTD.

[1996] LRLR 86

Conflict of laws - Proper law - Exclusive jurisdiction clause - Insurance contract applicable to Australian insured in respect of events wholly occurring in Australia - Policy of insurance to be governed by English law and disputes determined by English Courts - Whether clause void or inapplicable - Whether Australian action should be stayed - Insurance Contracts Act, 1984 ss. 8, 52. Insurance (Comprehensive Credit) - Indemnity - Exclusive jurisdiction clause - Insurance contract applicable to Australian insured in respect of events wholly occurring in Australia - Policy to be governed by English law and disputes determined by English Courts - Whether clause void or inapplicable - Whether Australian action should be stayed - Insurance Contracts Act, 1984, ss. 8, 52.

NEW HAMPSHIRE INSURANCE CO. v. GRAND UNION INSURANCE CO. LTD. AND MERCANTILE MUTUAL HOLDINGS LTD.

[1996] LRLR 102

Reinsurance - Indemnity - Contractors all risks - Conditional leave to defend action on defence of illegality only - Whether illegality, non-disclosure or breach of fiduciary duty triable issues - Whether claims within scope of cover - Whether plaintiffs entitled to summary judgment.

DEENY AND OTHERS v. GOODA WALKER LTD. AND OTHERS ALBERT AND OTHERS v. SAME BROWNRIGG AND OTHERS v. SAME

[1996] LRLR 109

Lloyd’s litigation - Damages - Income tax - Plaintiff Names awarded damages - Whether damages recoverable by Names subject to income tax under Schedule D - Income and Corporation Taxes Act, 1988, ss. 1, 18 - Finance Act 1993, s. 171(1), 172(1), 184(1) and (2)(a).

MIDDLETON v. WIGGIN AND ANOTHER

[1996] LRLR 129

Insurance (Public Liability) - Exclusion clause - Indemnity - Explosion caused injury and damage to plaintiffs and their property - Explosion caused by accumulation of landfill gas which originated in waste deposited by defendants - Defendants held liable - Whether defendants entitled to be indemnified by public liability insurers - Whether insurers could rely on exclusion clause.

ARBUTHNOTT v. FAGAN DEENY v. GOODA WALKER LTD.

[1996] LRLR 135

Lloyd’s litigation - Standard agency agreement - Construction - Names claimed damages for breach of contract and tort in the conduct of underwriting - Agents alleged Names who had not complied with cash calls not entitled to bring proceedings - Whether claims arising from negligent underwriting related to cash calls.

ARBUTHNOTT v. FAGAN AND OTHERS

[1996] LRLR 143

Lloyd’s litigation - Practice - Disclosure - Substantial losses made by syndicates - Loss review committee appointed - Members’ agents gave evidence to committee - Names applied for discovery and production of transcripts of evidence - Whether transcripts subject to statutory confidentiality - Whether documents relevant - Whether discovery necessary for fairly disposing of cause or matter or for saving costs.

TRINITY INSURANCE CO. LTD. v. OVERSEAS UNION INSURANCE LTD.

[1996] LRLR 156

Reinsurance - Arbitration - Aviation quota share treaties - Marine excess of loss treaties - Reinsured claimed under treaties - Allegation that reinsured failed to operate portfolio transfer clause and made claims for non-marine losses - Whether dispute should be referred to arbitration - Whether reinsured entitled to summary judgment - Whether action should be stayed.

AA MUTUAL INSURANCE CO. LTD. v. BRADSTOCK BLUNT & CRAWLEY LTD.

[1996] LRLR 161

Reinsurance - Net accounting - Offset - Defendants alleged that reinsurers and brokers adopted net accounting as procedure of settling accounts - Plaintiffs demanded payment without deduction or offset - Whether plaintiffs entitled to O. 14 judgment.

AETNA REINSURANCE CO. (U.K.) LTD. v. CENTRAL REINSURANCE CORPORATION LTD.

[1996] LRLR 165

Reinsurance - Settlement of account - Inspection - Claim under series of reinsurance treaties - Reinsurers failed to pay for second half of 1992 accounts - Plaintiffs applied for O. 14 judgment - Defendants applied for inspection of reinsureds’ books - Whether O. 14 should not proceed until inspection complete - Whether defendants had arguable defence.

DEENY v. GOODA WALKER LTD. (No. 3)

[1996] LRLR 168

Lloyd’s litigation - Interest - Statutory interest - Plaintiffs claimed interest - Basis on which interest ought to be awarded - Dates from which interest ought to run - Amounts upon which interest ought to be awarded - Rate of interest applicable - Supreme Court Act 1981, s. 35A.

DEENY v. GOODA WALKER LTD. (No. 2)

[1996] LRLR 176

Lloyd’s litigation - Damages - Assessment - Lloyd’s Central Fund - Whether liability to Lloyd’s a pre-condition of recovery from Central Fund - Whether Lloyd’s entitled to claim reimbursement - Claim by Names for award of damages in respect of paid claims and anticipated claims - Whether assessment of damages relating to anticipated claims should be deferred.

DEENY v. GOODA WALKER LTD.

[1996] LRLR 183

Lloyd’s litigation - Negligent underwriting - LMX business - Spiral business - Names alleged underwriters negligent - Standard of care and skill expected of underwriters - Extent to which it was proper for excess of loss underwriters to deliberately expose syndicate to loss - Whether underwriters negligent.

WOOD v. PERFECTION TRAVEL LTD. AND ANOTHER

[1996] LRLR 233

Insurance (Aviation) - Practice - Joinder - Plaintiff injured in helicopter crash - Helicopter insured with underwriters - Underwriters joined as second defendants - Whether leave to be joined as second defendant should have been granted - R.S.C., O. 15, r. 6(2)(b)(i), (ii).

MALHI v. ABBEY LIFE ASSURANCE CO. LTD.

[1996] LRLR 237

Insurance (Life) - Non-disclosure - Imputed or constructive knowledge - Insurance on joint lives of plaintiff and her husband - Husband died in India - Insurers rejected claim for non-disclosure - Whether insurers had imputed knowledge or constructive knowledge of facts relating to deceased’s state of health prior to his death - Whether insurers had waived right to avoid policy for non-disclosure.

LUDGATE INSURANCE CO. LTD. v. CITIBANK

[1996] LRLR 247

Reinsurance - Letters of credit - Quota share reinsurance - Plaintiffs joined HSW underwriting pool - Defendants issued letters of credit - Agreement between plaintiffs and defendants setting out basis on which deposits to be held - Proper construction of agreement - Defendants gave notice that drawings between principals would be apportioned - Whether defendants acted reasonably - Whether defendants wrongly debited interest.

AMEY PROPERTIES LTD. v. CORNHILL INSURANCE PLC.

[1996] LRLR 259

Insurance (Public Liability) - Indemnity - Negligence - Plaintiff constructing new runway - Plaintiff liable for collision between U.S. aircraft and plaintiff’s tractor - Plaintiff claimed indemnity - Whether plaintiff negligent in failing to maintain tractor in efficient and roadworthy condition - Whether defendants had to establish recklessness on part of plaintiff.

MUNICIPAL MUTUAL INSURANCE LTD. v. SEA INSURANCE CO. LTD. AND OTHERS

[1996] LRLR 265

Reinsurance - Indemnity - Time on risk - Reinsurance policies for years 1986 to 1989 - Reinsured indemnified insured for damage to third party’s property occurring during period March, 1987 to September, 1989 - Liability under underlying policy established in 1992 - Whether reinsured claims fell outside reinsurance policies - Whether deductible applicable - Whether reinsured could show into which period of reinsurance claim fell - Whether conditions on giving notice and liability for costs incorporated into reinsurance policies.

DEENY v. WALKER AND OTHERS SAME v. LITTLEJOHN & CO. AND OTHERS

[1996] LRLR 276

Reinsurance - Lloyd’s litigation - Practice - Application to strike out - Negligence - Effective cause of losses - Plaintiffs alleged that brokers’ and auditors’ defaults effective causes of Names pure underwriting losses - Whether conduct complained of was effective or dominant cause of plaintiffs’ loss - Whether pleadings should be struck out.

COX v. DEENY

[1996] LRLR 288

Reinsurance - Lloyd’s litigation - Errors and Omissions - Indemnity - Distribution of policy moneys - Issues as to reinstatement, gap in level of cover and apportionment.

DENBY v. M. J. MARCHANT

[1996] LRLR 301

Reinsurance - Liability - Slip - Construction - Whether syndicate subscribed to lineslip prior to Oct. 22 - Aggregate extension clause - Construction.

WYNNIATT-HUSEY v. R. J. BROMLEY (UNDERWRITING AGENCIES) PLC. H. G. CHESTER & CO. LTD. AND RUTH BARBARA BROMLEY

[1996] LRLR 310

Reinsurance - Lloyd’s litigation - Negligent underwriting - Duty of care - Names incurred losses - Whether underwriter, managing agent and members’ agent in breach for failing to exercise reasonable skill and care in conduct of and control and management of underwriting business - Whether managing agents in breach for failing to exercise reasonable care in supervision of underwriter.

CLARENCE ROY HILL AND JOHN ROBERT CHARMAN v. THE MERCANTILE & GENERAL REINSURANCE CO. PLC. TONY ROBERT BERRY AND OTHERS v. SAME

[1996] LRLR 341

Reinsurance - Follow settlements clause - Excess of loss reinsurance - Invasion by Iraq of Kuwait - Damage caused to insured aircraft - Settlement by insurers - Plaintiffs claimed indemnity from defendant reinsurers - Interpretation of follow settlements clause - Whether plaintiffs entitled to summary judgment.

COLIN BAKER v. BLACK SEA AND BALTIC GENERAL INSURANCE CO. LTD.

[1996] LRLR 353

Reinsurance - “United States and Canadian Business (Fire and Casualty)” - Meaning of “Fire and Casualty” - Meaning of “United States and Canadian Business - Cession - Validity - Whether cover provided by plaintiffs capable of being ceded to defendants - Whether plaintiffs ceded to defendants 50 per cent. of its line on each insurance - Whether such cession valid - Whether reinsurance treaty between plaintiffs and defendants terminated - Effect of termination - Effect of annual re-signing procedure - Whether defendants liable to reimburse plaintiffs in respect of costs/legal expenses - Whether defendants bound to follow settlements - Whether questions of limitation and claim handling arose.

FUJI FINANCE INC. v. AETNA LIFE INSURANCE CO. LTD. AND ANOTHER

[1996] LRLR 365

Insurance (Investment Account) - Life assurance - Breach of contract - Plaintiffs took out insurance policy on life of policyholder - Policy enabled policyholder to switch units allocated between several funds - Insurers changed switching policy - Policyholder alleged insurers in breach and claimed damages - Whether policy a life policy within s. 1 of Life Assurance Act, 1774 - Whether insurers in breach of s. 16(1) of the Insurance Companies Act, 1982.

EXCESS INSURANCE CO. LTD. v. ASTRA S.A. INSURANCE AND REINSURANCE CO.

[1996] LRLR 380

Reinsurance - Excess of loss - Claim by reinsured under policies - Application to set aside writ - Material omission or other deficiency in pleading true cause of action - Whether appropriate for Court to set aside leave to serve out of jurisdiction - Whether England more appropriate forum for trial of action.

COHEN v. DAVID HOLMAN & CO. LTD.

[1996] LRLR 387

Arbitration - Lloyd’s litigation - Procedural mishap - Lloyd’s arbitration scheme rules - Names alleged members’ agents in breach of duty - Dispute referred to arbitration - Arbitration award on written submissions only - Whether Name entitled to oral hearing - Whether procedural mishap - Whether award should be set aside.

AGNEW AND OTHERS v. LÄNSFÖRSÄKRINGSBOLAGENS AB

[1996] LRLR 392

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).

BOSS GROUP LTD. v. BOSS FRANCE S.A.

[1996] LRLR 403

AMERICAN CENTENNIAL INSURANCE CO. v. INSCO LTD.

[1996] LRLR 407

Reinsurance - Excess of loss - Aggregation of claims - Reinsurance in respect of directors, officers and employees of savings and loan institution - Savings institution collapsed - Alleged negligence against officers and directors - Insurers settled claims and claimed against reinsurers - Whether insurers could aggregate claims arising from more than one policy or contract issued to different insureds or reinsureds and present claim as one aggregated claim.

HOME INSURANCE CO. AND ANOTHER v. M. E. RUTTY UNDERWRITING AGENCY LTD. AND OTHERS

[1996] LRLR 415

Reinsurance - Run-off - Pool records - Pool agent’s authority to handle run-off terminated - New pool agent appointed - Right to possession of pool records - Whether new pool agent handled run-off for all pool members including a dissenting minority.

BERRIMAN AND OTHERS v. ROSE THOMSON YOUNG (UNDERWRITING)LTD.

[1996] LRLR 426

Reinsurance - Lloyd’s litigation - Negligent underwriting - Duty of care - Names incurred losses - Whether underwriters and agents in breach for failing to underwrite business with skill and care - Whether losses sustained by Names due to underwriters’ negligence - Whether Names estopped from asserting that agents liable - Whether limitation defences applied to amended points of claim - Quantum.

Lloyd's Reinsurance Law Reports