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MORENO v MOTOR INSURERS' BUREAU

[2017] Lloyd's Rep. IR Plus 1

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.

IMPACT FUNDING SOLUTIONS LTD v AIG EUROPE INSURANCE LTD

[2017] Lloyd's Rep. IR Plus 2

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.

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

[2017] Lloyd's Rep. IR Plus 3

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.

ALLEN v MOHAMMED AND ANOTHER

[2017] Lloyd's Rep. IR Plus 4

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

HAYWARD v ZURICH INSURANCE CO PLC

[2017] Lloyd's Rep. IR Plus 5

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

METLIFE INSURANCE LTD v RGA REINSURANCE COMPANY OF AUSTRALIA LTD

[2017] Lloyd's Rep. IR Plus 6

Reinsurance – Group life insurance – Personal injury and accident cover – Trigger date for coverage under the reinsurance – Presumption of back-to-back cover.

TRUSTEES EXECUTORS LTD v FUND MANAGERS CANTERBURY LTD

[2017] Lloyd's Rep. IR Plus 7

Insurance (Directors and officers) - Construction of policy - Professional services exclusion - Significance of professional indemnity policy issued by same insurers.

SAHIN v HAVARD AND ANOTHER

[2017] Lloyd's Rep. IR Plus 8

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.

PREMIER MOTOR AUCTIONS LTD AND ANOTHER v PRICEWATERHOUSECOOPERS LLP AND ANOTHER

[2017] Lloyd's Rep. IR Plus 9

Insurance (after the event) – Application for security for costs – Whether ATE insurance a suitable alternative for order for security for costs – CPR Part 25.

GUNN AND OTHERS v DIAZ AND OTHERS

[2017] Lloyd's Rep. IR Plus 10

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).

PRATTLEY ENTERPRISES LTD v VERO INSURANCE NEW ZEALAND LTD

[2017] Lloyd's Rep. IR Plus 11

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.

ZURICH INSURANCE PLC v MACCAFERRI LTD

[2017] Lloyd's Rep. IR Plus 12

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.

W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER v TEAL ASSURANCE CO LTD (NO 2)

[2017] Lloyd's Rep. IR Plus 13

Insurance (professional indemnity) – Date on which liability of assured established and ascertained – Interim payments.

AXA VERSICHERUNG AG v ARAB INSURANCE GROUP (BSC)

[2017] Lloyd's Rep. IR Plus 14

Reinsurance – First loss facultative obligatory treaties – Non-disclosure and misrepresentation – Materiality of loss history – Inducement.

XYZ v TRAVELERS INSURANCE CO LTD

[2017] Lloyd's Rep. IR Plus 15

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

AMLIN UK LTD v GEO-ROPE LTD

[2017] Lloyd's Rep. IR Plus 16

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.

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

[2017] Lloyd's Rep. IR Plus 17

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.

AIG EUROPE LTD v WOODMAN AND OTHERS

[2017] Lloyd's Rep. IR Plus 18

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

CRUISE AND MARITIME SERVICES INTERNATIONAL LTD v NAVIGATORS UNDERWRITING AGENCY LTD (THE "MARCO POLO")

[2017] Lloyd's Rep. IR Plus 19

Insurance (marine) – Policy covering charterers' liability – Co-insurance – Cruise cancelled due to outbreak of norovirus – Liability for passengers – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 – Whether claimant tour company entitled to recover under policy.

GRACE ELECTRICAL ENGINEERING PTE LTD v EQ INSURANCE CO LTD

[2017] Lloyd's Rep. IR Plus 20

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.

UK INSURANCE v FARROW AND ANOTHER (TRADING AS R FARROW & SONS)

[2017] Lloyd's Rep. IR Plus 21

Insurance (liability) – Injury caused to third party by escape of dog – Whether dog being used for private purposes only – Concurrent causes of loss.

GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD AND ANOTHER; CHINA NATIONAL CHARTERING CO LTD AND ANOTHER v GARD MARINE & ENERGY LTD AND ANOTHER; DAIICHI CHUO KISEN KAISHA v GARD MARINE & ENERGY LTD AND ANOTHER (THE "OCEAN VICTORY")

[2017] Lloyd's Rep. IR Plus 22

Insurance – Shipping – Charterparty – Safe port warranty – Convention on Limitation of Liability for Maritime Claims 1976 – Merchant Shipping Act 1995, section 185 and schedule 7.

WHYATT AND OTHERS v POWELL AND OTHERS

[2017] Lloyd's Rep. IR Plus 23

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).

PEEL PORT SHAREHOLDER FINANCE CO LTD v DORNOCH LTD

[2017] Lloyd's Rep. IR Plus 24

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

AZEVEDO AND OTHERS v CED PORTUGAL UNIPESSOAL LDA AND OTHERS

[2017] Lloyd's Rep. IR Plus 25

Insurance (motor) – Claims representative – Whether victim has direct claim against claims representative – European Parliament and Council Directive 2000/26/EC.

R (ON THE APPLICATION OF AVIVA LIFE & PENSIONS (UK) LTD) v FINANCIAL OMBUDSMAN SERVICE

[2017] Lloyd's Rep. IR Plus 26

Insurance (life) – Financial Ombudsman Service – Duties of FOS – Judicial review – Financial Services and Markets Act 2000, section 228 – Consumer Insurance (Disclosure and Representations) Act 2012, section 3.

QUEK KWEE KEE AND ANOTHER v AMERICAN INTERNATIONAL ASSURANCE CO LTD AND ANOTHER

[2017] Lloyd's Rep. IR Plus 27

Insurance (personal accident) – Assured taking overdose of prescribed drugs – Meaning of "accident" – Whether intended act with unintended consequences was an "accident" – Whether test subjective or objective.

MCBRIDE v UK INSURANCE LTD; CLAYTON v EUI LTD

[2017] Lloyd's Rep. IR Plus 28

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

UK INSURANCE LTD v R&S PILLING (TRADING AS PHOENIX ENGINEERING)

[2017] Lloyd's Rep. IR Plus 29

Insurance (motor) & Assured setting fire to buildings while carrying out repairs on car & Whether policy covered liability & Whether assured using car by repairing it & Road Traffic Act 1988, section 145(3).

LEEDS BECKETT UNIVERSITY v TRAVELERS INSURANCE CO LTD

[2017] Lloyd's Rep. IR Plus 30

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.

WASTELL v WOODWARD AND ANOTHER

[2017] Lloyd's Rep. IR Plus 31

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).

WEIR SERVICES AUSTRALIA PTY LTD v AXA CORPORATE SOLUTIONS ASSURANCE [2017] NSWSC 259

[2017] Lloyd's Rep. IR Plus 32

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.

MYALL v TOWER INSURANCE LTD

[2017] Lloyd's Rep. IR Plus 33

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

CAMERON v HUSSAIN AND ANOTHER

[2017] Lloyd's Rep. IR Plus 34

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.

DALECROFT PROPERTIES LTD v UNDERWRITERS SUBSCRIBING TO CERTIFICATE NUMBER 755/BA004/2008/OIS/00000282/2008/005

[2017] Lloyd's Rep. IR Plus 35

Insurance (property) – Breach of the duty of utmost good faith – Non-disclosure and misrepresentation – Materiality and inducement – Breach of warranty – Date of policy – Divisibility of policy – Marine Insurance Act 1906, sections 18 to 20 and 33 to 35.

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

[2017] Lloyd's Rep. IR Plus 36

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.

MANITOWOQ PLATINUM PTY LTD AND ANOTHER v WFI INSURANCE LTD

[2017] Lloyd's Rep. IR Plus 37

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.

HOWE v MOTOR INSURERS' BUREAU

[2017] Lloyd's Rep. IR Plus 38

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.

HOWE v MOTOR INSURERS' BUREAU (NO 2)

[2017] Lloyd's Rep. IR Plus 39

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.

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

[2017] Lloyd's Rep. IR Plus 40

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.

ASSENS HAVN v NAVIGATORS MANAGEMENT (UK) LTD

[2017] Lloyd's Rep. IR Plus 41

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.

ANNEX DEVELOPMENTS LTD v IAG NEW ZEALAND LTD AND ANOTHER

[2017] Lloyd's Rep. IR Plus 42

Insurance (property) – Reinstatement of cover – Whether reinstatement triggered by payment of claim or by liability to pay claim – Settlement – Whether settlement could be overturned.

YOUNG AND ANOTHER v TOWER INSURANCE LTD

[2017] Lloyd's Rep. IR Plus 43

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.

HIGHERDELTA LTD v COVEA INSURANCE PLC

[2017] Lloyd's Rep. IR Plus 44

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.

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

[2017] Lloyd's Rep. IR Plus 45

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

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

[2017] Lloyd's Rep. IR Plus 46

Insurance (business interruption) – Claims cooperation 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.

AMI INSURANCE LTD v LEGG AND OTHERS

[2017] Lloyd's Rep. IR Plus 47

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

MALAMIT PTY LTD v WFI INSURANCE LTD [2017] NSWCA 162

[2017] Lloyd's Rep. IR Plus 48

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

REDMAN v ZURICH INSURANCE PLC AND ANOTHER

[2017] Lloyd's Rep. IR Plus 49

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.

LLR: Insurance & Reinsurance Plus