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BANN CARRAIG LTD v GREAT LAKES REINSURANCE (UK) PLC

[2022] Lloyd's Rep. IR 1

Insurance (business interruption) – Limitation of action – Date of accrual of cause of action – Effect of part payment by insurers.

GRANT (OR BURNETT) v INTERNATIONAL INSURANCE COMPANY OF HANOVER LTD (SCOTLAND)

[2022] Lloyd's Rep. IR 6

Insurance (liability) – Personal injury – Coverage for accidental injury – Exclusion for deliberate acts – Meaning of “deliberate” – Whether deliberate act included recklessness – Third Parties (Rights Against Insurers) Act 2010.

NOORI v MAJESTIC PLUMBING SERVICES PTY LTD AND OTHERS

[2022] Lloyd's Rep. IR 16

Insurance (liability) – Employee injured at work – Claim against liability insurers – Whether employer in breach of reasonable care obligations.

PATTIES FOODS LTD v ENTYCE FOOD INGREDIENTS PTY LTD CGU INSURANCE LTD (THIRD PARTY)

[2022] Lloyd's Rep. IR 27

Insurance (product liability) – Assured supplied berries contaminated with virus – Claim by customer who recalled berries from resale – Exclusion for costs of recall – Exclusion for damaged products – Whether exclusions prevented policy claim.

SILVERLINK RESORTS LTD v MS FIRST CAPITAL INSURANCE LTD

[2022] Lloyd's Rep. IR 47

Arbitration – Stay of proceedings – Arbitration clause applying to all disputes – Jurisdiction clause applying to interpretation disputes – Whether judicial proceedings on interpretation should be stayed.

ZURICH INSURANCE PLC v NIRAMAX GROUP LTD

[2022] Lloyd's Rep. IR 56

Insurance (property) – Duty of fair presentation – Inducement – Right to avoid.

HDI GLOBAL SPECIALTY SE AND ANOTHER v WONKANA NO 3 PTY LTD AND OTHERS

[2022] Lloyd's Rep. IR 67

Insurance (business interruption) – Exclusion of cover for quarantinable diseases under Quarantine Act 1908 – Act repealed and replaced before insurance issued – Whether insurance to be construed as excluding diseases covered by the new legislation.

MURRAY GOULBURN COOPERATIVE CO LTD AND ANOTHER v AIG AUSTRALIA LTD

[2022] Lloyd's Rep. IR 85

Insurance (liability) – Directors’ and officers’ policy – Side C cover for company – Coverage for “securities claims” – Retroactive date – Exclusion for “professional services”.

RISTORANTE LTD (T/A BAR MASSIMO) v ZURICH INSURANCE PLC

[2022] Lloyd's Rep. IR 109

Insurance (property) – Duty of fair presentation – Question relating to insolvency of directors and partners – No reference made to insolvency of insolvency of companies controlled by directors and partners – Whether question truthfully answered – Disclosure – Whether disclosure waived by insurers.

SOMPO INSURANCE SINGAPORE PTE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

[2022] Lloyd's Rep. IR 123

Insurance (marine) – Cargo – Subrogation – Whether insurer has a subrogated claim against issuer of Performance Bond – Marine Insurance Act 1906, section 79(2).

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE LTD

[2022] Lloyd's Rep. IR 130

Insurance (liability) Aggregation Indemnity limited to all losses arising from one original cause Two groups of patients subjected to misconduct by one surgeon Whether one or two original causes.

ARCH INSURANCE (UK) LTD v MCCULLOUGH

[2022] Lloyd's Rep. IR 137

Insurance (liability) – Claims clause – Condition precedent – Notification of circumstances that may give rise to a claim.

BANK OF NEW YORK MELLON (INTERNATIONAL) LTD v CINE-UK LTD AEW UK REIT PLC v MECCA BINGO LTD AEW UK REIT PLC v SPORTSDIRECT.COM RETAIL LTD

[2022] Lloyd's Rep. IR 141

Insurance (landlord and tenant) – Liability of tenants for rent during Covid-19 pandemic – Whether obligation on landlord to insure extended to loss of rent – Business interruption losses – Frustration – Illegality – Failure of consideration.

ABN AMRO BANK NV v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS

[2022] Lloyd's Rep. IR 201

Insurance (marine) – Misrepresentation and non-disclosure – Construction – Meaning of Transaction Premium Clause – Effect of non-avoidance clause – Estoppel.

JONES v ZURICH INSURANCE PLC

[2022] Lloyd's Rep. IR 219

Insurance – Consumer policy – Duty to take reasonable care – Proof of dishonesty or recklessness – Remedy – Consumer Insurance (Disclosure and Representations) Act 2012.

SLEIGHT AND ANOTHER v BECKIA HOLDINGS LTD AND OTHERS

[2022] Lloyd's Rep. IR 238

Insurance (property) – Earthquake damage – Builder nominated by insurers for repair work – Insurers paying for repairs – Repairs carried out defectively – Whether insurers liable to pay for remedial work – Utmost good faith – Contribution.

BERKSHIRE ASSETS (WEST LONDON) LTD v AXA INSURANCE UK PLC

[2022] Lloyd's Rep. IR 275

Insurance (contractors all risks and business interruption) – Duty of fair presentation – Non-disclosure of criminal charges – Whether charges were material circumstances – Inducement – Insurance Act 2015, sections 3 and 7.

BUTTAR CONSTRUCTION LTD v ARSHDEEP

[2022] Lloyd's Rep. IR 288

Insurance (liability) – Interim payment – Claim brought against two tortfeasors – Insurers reserving rights – Whether interim payment should be ordered – Civil Procedure Rules 25.7(1).

CORBIN & KING LTD AND OTHERS v AXA INSURANCE UK PLC

[2022] Lloyd's Rep. IR 299

Insurance (business interruption) – Covid-19 – Denial of access clause – Application of clause to pandemic – Causation – Composite policy – Whether limit of indemnity was aggregate or per claimant.

JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS

[2022] Lloyd's Rep. IR 329

Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured's failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty.

AAI LTD T/A VERO INSURANCE v TECHNOLOGY SWISS PTY LTD

[2022] Lloyd's Rep. IR 343

Insurance (marine) – Subrogation – Settlement covering insured and uninsured losses – No allocation – Recovery from third party – Whether insurers entitled to subrogation rights over recovery.

THE POLICYHOLDERS SPECIFIED IN SCHEDULE 1 TO THE ARBITRATION AGREEMENT v CHINA TAIPING INSURANCE (UK) CO LTD

[2022] Lloyd's Rep. IR 379

Insurance (business interruption) – Non-damage Denial of Access Extension – Whether Extension applied to diseases – Whether Extension covered national rather than local events – Whether acts of local authority included those of central government.

BROWN v FISK AND OTHERS

[2022] Lloyd's Rep. IR 411

Insurance (motor) – Compulsory insurance – Pedestrian injured in yard – Whether yard was a “public place” – Summary judgment – Road Traffic Act 1988, sections 143 and 151 – Civil Procedure Rules, rule 24.2.

KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER

[2022] Lloyd's Rep. IR 431

Insurance (employers’ liability) – Avoidance of policy for non-disclosure and misrepresentation – Effect of Insurance Conduct of Business Sourcebook – Whether avoidance unreasonable – Third Parties (Rights Against Insurers) Act 1930 – Employers’ Liability (Compulsory Insurance) Act 1969.

PIRAEUS BANK AE v ANTARES UNDERWRITING LTD AND OTHERS

[2022] Lloyd's Rep. IR 441

Insurance (marine) – Mortgagees’ interest insurance (MMI) – Vessel detained in Venezuela on suspicion of smuggling oil – Claim under war risks policy rejected – Whether MMI insurers were liable – Whether detention excluded from war risks policy – Whether vessel was a constructive total loss – Marine Insurance Act 1906, section 60 – Effect on MMI policy of excluded loss under war risks policy.

AIG EUROPE SA AND OTHERS v JOHN WOOD GROUP PLC AND ANOTHER: CHUBB EUROPEAN GROUP SE v JOHN WOOD GROUP PLC AND ANOTHER: ALLIED WORLD ASSURANCE CO (EUROPE) DAC v JOHN WOOD GROUP PLC AND ANOTHER

[2022] Lloyd's Rep. IR 485

Insurance (liability) – Conflict of laws – Anti-suit injunction – Jurisdiction – Arbitration – Whether policies contained English jurisdiction clauses – Effect of incorporation – Senior Courts Act 1981, section 37.

LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN

[2022] Lloyd's Rep. IR 508

Arbitration – Judgment entered in terms of arbitration award – Application to enforce later Spanish judgment in England – Whether earlier judgment prevented enforcement in England – Arbitration Act 1996, section 66 – Council Regulation (EC) No 44/2001 (Brussels I Regulation), articles 1, 27, 33 and 34.

AVIVA INSURANCE LTD AND ANOTHER v SECRETARY OF STATE FOR WORK AND PENSIONS

[2022] Lloyd's Rep. IR 519

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 – Bill of Rights 1688 – Human Rights Act 1998.

COLLEY v MOTOR INSURERS’ BUREAU

[2022] Lloyd's Rep. IR 542

Insurance (motor) – Compulsory policy – Insurers avoided policy after accident but before judgment against assured – Whether victim had claim against Motor Insurers’ Bureau – Road Traffic Act 1988, sections 151 and 152 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EU.