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ALI v HSF LOGISTICS POLSKA SP ZOO
[2024] Lloyd's Rep IR 1
Insurance (motor) – Credit hire charges – Claimant's car not possessing MOT certificate – Illegality – Causation – Whether credit hire charges recoverable.
CRONOS GROUP INC v ASSICURAZIONI GENERALI SPA
[2024] Lloyd's Rep IR 9
Insurance (liability – directors and officers) – Primary and Excess Layers – Excess Layer containing “follow the form” provision – Whether option to extend discovery period in Primary Policy applied to Excess Policy – Calculation of premium for Excess Policy extension.
DISCOVERY LAND CO LLC AND OTHERS v AXIS SPECIALTY EUROPE SE
[2024] Lloyd's Rep IR 17
Insurance (professional indemnity) – Solicitor's liability – Fraud exclusion – Whether innocent partner condoned fraud of guilty partner – Aggregation – Whether two frauds constituted one claim.
GREGGS PLC v ZURICH INSURANCE PLC
[2024] Lloyd's Rep IR 34
Insurance (business interruption) – Covid-19 – Triggers of coverage – Aggregation – Subrogation and deduction of benefits received from the state.
MIE FORCE PTY LTD v ALLIANZ AUSTRALIA INSURANCE LTD
[2024] Lloyd's Rep IR 50
Insurance – Subrogation – Claimant providing workers for construction project – Whether claimant entitled to benefit of liability policy – Agency – Sub-contractor – Assumption of responsibility.
VARIOUS EATERIES TRADING LTD v ALLIANZ INSURANCE PLC
[2024] Lloyd's Rep IR 60
Insurance (business interruption) – Covid-19 – Triggers of coverage – Commencement of indemnity period – Recoverability of losses after expiry of policy – Causation – Aggregation.
GUETERBOCK AND ANOTHER v MACPHAIL AND ANOTHER HENDERSON COURT LTD v ALLIANZ INSURANCE PLC
[2024] Lloyd's Rep IR 77
Insurance (public liability) – Trespass committed by building works – Insurance cover for “accidental” trespass – Meaning of “accidental” – Whether assured had been reckless.
NAPIER CITY COUNCIL v LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LTD
[2024] Lloyd's Rep IR 86
Insurance (liability) – Settlement encompassing insured and excluded liabilities – Mixed claim – Whether insurers liable – Whether insurers bound by settlement – Allocation of losses.
LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LTD v NAPIER CITY COUNCIL
[2024] Lloyd's Rep IR 111
Insurance (liability) – Exclusion for claims arising out of watertightness – Whether exclusion applied to mixed claims.
POLLADIO HOLDINGS LTD v THE NEW INDIA ASSURANCE CO LTD
[2024] Lloyd's Rep IR 122
Insurance (property) – Causation – Concurrent causes – Rust exclusion – Marring exclusion – Claims condition – Fraudulent claim.
SYT CONSULTANTS PTE LTD v QBE INSURANCE (SINGAPORE) PTE LTD
[2024] Lloyd's Rep IR 131
Insurance (liability) – Settlement entered into by assured – Whether settlement binding on insurers – Whether settlement reasonable – Whether dishonesty exclusion applied – Whether cooperation clause was condition precedent to liability.
DASSAULT AVIATION SA v MITSUI SUMITOMO INSURANCE CO LTD
[2024] Lloyd's Rep IR 153
Insurance (liability) – Arbitration – Jurisdiction – Non-assignment clause in sale contract – Whether clause precluded action in arbitration by subrogated insurers suing in their own name – Nature of subrogation – Distinction between voluntary and involuntary assignment – Arbitration Act 1996, section 67.
FKP COMMERCIAL DEVELOPMENTS PTY LTD AND ANOTHER v ZURICH AUSTRALIAN INSURANCE LTD
[2024] Lloyd's Rep IR 159
Insurance (professional indemnity) – Advance costs – Allocation between insured and uninsured loss – Time at which advance costs were to be allocated – Scope of cover – Whether liability based on provision of professional services.
HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)
[2024] Lloyd's Rep IR 189
Contracts – General average – Bill of lading – Charterparty – General average bond – General average guarantee – Charterparty containing agreement that charterer pay insurance premium – Kidnap and ransom insurance – War risks insurance – Shipowner having paid ransom to pirates – Whether charterparty providing insurance code and fund – Whether bill of lading holders able to rely on charterparty insurance terms to refuse payment under general average bond – Incorporation of charterparty terms into bill of lading – Whether manipulation of incorporated terms permitted.
UNIVERSITY OF EXETER v ALLIANZ INSURANCE PLC
[2024] Lloyd's Rep IR 211
Insurance (property) – War risks exclusion – Unexploded bomb discovered – Controlled explosion damaged insured property – Whether exclusion applied – Causation – Concurrent causes.
SKY UK LTD AND ANOTHER v RIVERSTONE MANAGING AGENCY LTD AND OTHERS
[2024] Lloyd's Rep IR 225
Insurance (construction all risks) – Co-insurance – Meaning of “damage” – Investigation costs – Timing of coverage – Aggregation.
TYSON INTERNATIONAL CO LTD v PARTNER REINSURANCE EUROPE SE
[2024] Lloyd's Rep IR 279
Reinsurance – Anti-suit injunction – Two separate contracts made a week apart – Different dispute resolution clauses in each of the contracts – Whether the second contract replaced the first contract – Effect of delay.
PROJECT ANGEL BIDCO LTD v AXIS MANAGING AGENCY LTD AND OTHERS
[2024] Lloyd's Rep IR 289
Insurance (warranty and indemnity) – Exclusion for loss arising from breach of anti-bribery and anti-corruption laws – Principles of construction – Estoppel by convention.
SCOTBEEF LTD v D&S STORAGE LTD AND ANOTHER
[2024] Lloyd's Rep IR 303
Insurance (liability) – Pre-contractual statement – Conversion into warranty – Transparency of terms – Insurance Act 2015, sections 9, 16 and 17 – Third Parties (Rights Against Insurers) Act 2010.
TECHNIP SAUDI ARABIA LTD v MEDITERRANEAN AND GULF COOPERATIVE INSURANCE AND REINSURANCE CO
[2024] Lloyd's Rep IR 320
Insurance (liability) – Maritime construction project – Co-insurance – Effect of settlement reached without consent of insurers – Meaning of “Existing Property” exclusion – Quantum.
AVIVA INSURANCE LTD v MCCOIST AND ANOTHER
[2024] Lloyd's Rep IR 367
Insurance (motor) – Uninsured driver liable for injury to third party – Insurers paying claim – Recourse action against insured registered keeper – Whether registered keeper caused or permitted uninsured use – Road Traffic Act 1988, sections 145 and 151.
BELLINI (N/E) LTD v BRIT UW LTD
[2024] Lloyd's Rep IR 379
Insurance (business interruption) – Coverage for losses arising from disease – Whether physical damage to the assured's premises was required.
GEORGE ON HIGH LTD AND ANOTHER v ALAN BOSWELL INSURANCE BROKERS LTD AND ANOTHER
[2024] Lloyd's Rep IR 391
Insurance (property) – Broker – Whether policy extended coverage to claimant – Construction of policy – Rectification – Estoppel by convention – Insurance Act 2015, section 5.
PROJECT ANGEL BIDCO LTD v AXIS MANAGING AGENCY LTD AND OTHERS
[2024] Lloyd's Rep IR 411
Insurance (warranty and indemnity) – Exclusion for loss arising from breach of anti-bribery and anti-corruption laws – Principles of construction.
TECHNIP SAUDI ARABIA LTD v MEDITERRANEAN AND GULF INSURANCE AND REINSURANCE CO
[2024] Lloyd's Rep IR 428
Insurance (liability) – Maritime construction project – WELCAR 2001 policy – Co-insurance – Meaning of “Existing Property” exclusion.
ARMSTEAD v ROYAL & SUN ALLIANCE INSURANCE CO LTD
[2024] Lloyd's Rep IR 437
Insurance (motor vehicle) – Credit hire – Hired replacement vehicle damaged by driver negligence – Whether driver's insurers liable for damages for loss of use – Penalties – Consumer Rights Act 2015, section 62.
ATTA v HDI GLOBAL SPECIALTY SE
[2024] Lloyd's Rep IR 453
Insurance (product liability) – Cavity wall insulation negligently installed – Whether liability arose out of or in connection with product – Date of damage – Whether policy covered cost of removal – Third Parties (Rights Against Insurers) Act 1930.
ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS v TEXTAINER GROUP HOLDINGS LTD AND OTHERS
[2024] Lloyd's Rep IR 465
Insurance (marine) – Subrogation – Allocation of recoveries – Indemnity – Average – Insurance arranged in layers – Loss exceeding amount of insurance – Whether recoveries from third party went to reducing uninsured loss or were to be shared proportionately between insurer and assured – Marine Insurance Act 1906, section 81.
SUNWATER LTD v LIBERTY MUTUAL INSURANCE CO
[2024] Lloyd's Rep IR 477
Insurance (liability) – Exclusion of liability arising out of the rendering of or failure to render professional advice or service – Whether exclusion applied to liability to non-clients as well as clients – Vicarious liability.
VARIOUS EATERIES TRADING LTD v ALLIANZ INSURANCE PLC
[2024] Lloyd's Rep IR 490
Insurance (business interruption) – Covid-19 – Triggers of coverage – Commencement of indemnity period – Recoverability of losses after expiry of policy – Causation – Aggregation.
AXIS SPECIALTY EUROPE SE v DISCOVERY LAND CO LLC AND OTHERS
[2024] Lloyd's Rep IR 511
Insurance (professional indemnity) – Solicitor's liability – Fraud exclusion – Whether innocent partner condoned fraud of guilty partner – Aggregation – Whether two frauds constituted one claim.
DELOS SHIPHOLDING SA AND OTHERS v ALLIANZ GLOBAL CORPORATE AND SPECIALTY SE AND OTHERS
[2024] Lloyd's Rep IR 525
Insurance (marine) – War and allied risks – Detention – Constructive total loss – Whether loss fortuitous – Effect of exclusion for customs or quarantine regulations and similar arrests – Suing and labouring – Non-disclosure – Knowledge and materiality – Late payment of claims – Marine Insurance Act 1906, section 55 – Insurance Act 2015, sections 3, 4 and 13A.
R (ASSURANT GENERAL INSURANCE LTD) v FINANCIAL OMBUDSMAN SERVICE LTD AND OTHERS
[2024] Lloyd's Rep IR 571
Insurance (regulation) – Financial Ombudsman Service – Scope of judicial review – Whether FOS correct in holding that retailers distributing policies were agents of the insurer.
MOK PETRO ENERGY FZC v ARGO (NO 604) LTD AND OTHERS
[2024] Lloyd's Rep IR 585
Insurance (marine) – Cargo claim – Burden of proof – Damage to cargo – Whether cargo damaged at all – Effect of breach of survey warranty – Insurance Act 2015, sections 10, 11 and 17.
TYSON INTERNATIONAL CO LTD v GIC RE, INDIA, CORPORATE MEMBER LTD
[2024] Lloyd's Rep IR 609
Reinsurance – Binding nature of Market Reform Contracts – Effect of subsequent reinsurance certificates – Whether disputes subject to English jurisdiction or New York arbitration – Anti-suit junction – Senior Courts Act 1981, section 37.
TYSON INTERNATIONAL CO LTD v PARTNER REINSURANCE EUROPE SE
[2024] Lloyd's Rep IR 633
Reinsurance – Binding nature of Market Reform Contracts – Effect of subsequent reinsurance certificates – Whether disputes subject to English jurisdiction or New York arbitration – Anti-suit junction – Arbitration Act 1996, section 9 – Senior Courts Act 1981, section 37.
INFINITY RELIANCE LTD v HEATH CRAWFORD LTD
[2024] Lloyd's Rep IR 643
Insurance (broker) – Business interruption – Misleading advice given by broker – Failure by assured to apply correct estimates of profit – Causation – Contributory negligence – Law Reform (Contributory Negligence) Act 1945.
HAMSARD ONE THOUSAND AND FORTY-THREE LTD v AE INSURANCE BROKERS LTD
[2024] Lloyd's Rep IR 663
Insurance (broker) – Duties of broker on placement – Disclosure of material facts – Failure to disclose assured's association with other insolvent companies – Waiver of information by insurers – Scope of cover – Causation – Quantum.
PINNACLE LIVING PTY LTD AND ANOTHER v QBE INSURANCE (AUSTRALIA) LTD
[2024] Lloyd's Rep IR 681
Insurance – Construction policy – Damage by fire – Offer by employer's insurers to pay $2.6 million – Whether binding settlement contract – Effect of claim under the policy on the settlement.
MS AMLIN MARINE NV v KING TRADER LTD AND OTHERS
[2024] Lloyd's Rep IR 703
Insurance (liability) – Pay to be paid clause – Assured insolvent – Whether third-party claimants bound by clause – Inconsistency – Construction – Implied term – Third Parties (Rights Against Insurers) Act 2010.
PEABODY TRUST v NATIONAL HOUSE-BUILDING COUNCIL
[2024] Lloyd's Rep IR 717
Insurance (insolvency cover) – Date of accrual of action – Limitation Act 1980, section 5.