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EVANS v (1) SECRETARY OF STATE FOR THE ENVIRONMENT, TRANSPORT AND THE REGIONS (2) MOTOR INSURERS BUREAU

[2002] Lloyd's Rep IR 1

Insurance (motor) - Hit and run accident - Claim against Motor Insurers Bureau - Appeal to arbitrator - MIB Untraced Drivers Agreement - Arbitrator not awarding interest or costs - Whether UK government in breach of EC Second Motor Insurance Directive - Whether preliminary issues should be referred to European Court of Justice - Treaty of Rome, Article 234.

SHARIF AND OTHERS v GARRETT & CO

[2002] Lloyd's Rep IR 11

Insurance - Insureds not being informed by brokers that they were uninsured - Action against brokers struck out for want of prosecution - Action against solicitors for negligence - Loss of opportunity - Principles applicable to assessment of damages where claim lost by reason of fair trial being no longer possible - Whether insureds could have obtained alternative cover - Whether insureds required to take reasonable precautions to prevent loss.

AIG EUROPE SA v QBE INTERNATIONAL INSURANCE LTD

[2002] Lloyd's Rep IR 22

Reinsurance - Conflict of laws - Underlying insurance policy containing exclusive jurisdiction and mediation Clauses - Reinsurance stated to be subject to all the same terms and conditions as the insurance - Whether the exclusive jurisdiction Clause was incorporated into the reinsurance - Brussels Convention 1968, Article 17.

NOEL v POLAND AND POLAND

[2002] Lloyd's Rep IR 30

Lloyd’s - Claim against Members’ Agent by Name - Negligent misrepresentation - Whether directors of company personally liability in negligence - Deceit - Whether directors of company faced personal liable in deceit - Whether evidence supported allegations of deceit.

R v PERSONAL INVESTMENT AUTHORITY OMBUDSMAN BUREAU EX PARTE ROYAL & SUN ALLIANCE LIFE & PENSIONS LTD

[2002] Lloyd's Rep IR 41

Insurance (life) - Whether policy single premium or annual premium - Proper construction - Appeal against decision of Personal Investment Authority Ombudsman Bureau.

R v PERSONAL INVESTMENT AUTHORITY OMBUDSMAN BUREAU LTD EX PARTE MOOYER

[2002] Lloyd's Rep IR 45

Insurance - Personal Investment Authority Ombudsman Bureau - Whether decision made by PIAOB under its voluntary jurisdiction amenable to judicial review - Whether Claimant compelled to refer case to PIAOB by legal expenses insurers - Whether decision erroneous or in breach of natural justice.

SEASHORE MARINE SA v PHOENIX ASSURANCE PLC AND OTHERS

[2002] Lloyd's Rep IR 51

Insurance (marine) - Hull and machinery cover - ITC (Hulls) 1.10.83, Clauses 6 and 11 - Claim for salvage costs - Burden of proof - Proximate cause of loss - Whether loss would have been caused by negligence of Master Officers or Crew - Whether loss by peril of the seas.

KVAERNER PLC v STAATSSECRETARIS VAN FINANCIEN CASE C-191/99

[2002] Lloyd's Rep IR 68

Insurance - Tax on insurance - Insurance procured in United Kingdom by parent company for sub-subsidiary in The Netherlands - Premiums paid by parent and reclaimed from sub-subsidiary by parent - Whether United Kingdom parent liable for insurance tax in The Netherlands - Situation of risk - Second Non-Life Insurance Directive - Council Directive 88/357/EEC, Articles 2(c), 2(d) and 3.

SCOTTISH AND NEWCASTLE PLC v GD CONSTRUCTION (ST ALBANS) LTD

[2002] Lloyd's Rep IR 77

Insurance (construction) - Existing structure damaged by fire - Employer suffering business interruption losses - Claim against contractors for damage to existing structure and for business interruption losses - Intermediate Form of Building Contracts 1984 (IFC 1984) - Contractor obliged to indemnify Employer for property and other damage caused by negligence - Works excluded from definition of property - Employer required to take out joint names insurance for existing structures against loss by fire - Whether contractor liable for damages for breach of contract.

ANECO REINSURANCE UNDERWRITING LTD v JOHNSON & HIGGINS LTD

[2002] Lloyd's Rep IR 91

Reinsurance - Insurance brokers - Non-disclosure and misrepresentation - Brokers placed Claimants’ excess of loss reinsurance contracts with underwriters - Arbitrators held underwriters entitled to avoid cover - Claimants claimed damages from brokers for breach of contract or negligence - Measure of damages - Whether brokers liable for absence of reinsurance cover or for all losses suffered by reinsureds.

LLOYDS TSB GENERAL INSURANCE HOLDINGS v LLOYDS BANK GROUP INSURANCE CO LTD ABBEY NATIONAL PLC v LEE

[2002] Lloyd's Rep IR 113

Insurance (professional indemnity) - Pensions mis-selling - Best advice not given to investors - Policy deductibles applicable to each and every third party claim - Series of claims to be regarded as single claim - Whether third party claims to be aggregated for purposes of deductible.

SARWAR v ALAM

[2002] Lloyd's Rep IR 126

Insurance (after the event) - Motor vehicle accident - Costs - Claimant taking out ATE insurance - Claimant in fact covered by negligent driver’s before the event policy - Whether amount of ATE premium could be included in costs award against negligent driver - CPR Part 44.

CLARK v ARDINGTON

[2002] Lloyd's Rep IR 138

Insurance (motor) - Credit hire - Subrogation - Owners of damaged vehicles entering into credit hire agreements covering cost of replacement car and taking out insurance policies against risk of non-payment by Defendants - Whether policies valid - Whether credit hire agreements were consumer hire agreements within the Consumer Credit Act 1974, section 15 - Whether agreements were exempted from the 1974 Act by Consumer Credit Exempt Agreements Order 1989 - Measure of damages recoverable from Defendants - Calculation of local spot rate for hiring charges - Whether interest recoverable from Defendants.

CLEAVER AND BODDEN v DELTA AMERICAN REINSURANCE CO

[2002] Lloyd's Rep IR 167

Reinsurance - Retrocession - Liquidation of retrocedant - Action by liquidators against retrocessionaire - Retrocessionaire paying sum to Court by way of security - Liquidation of retrocessionaire - Claim by retrocedant - Whether amount paid by way of security formed part of hotchpot - Whether retrocedant could claim IBNR - Rate of interest.

GEORGE HUNT CRANES LTD v SCOTTISH BOILER AND GENERAL INSURANCE CO LTD

[2002] Lloyd's Rep IR 178

Insurance (indemnity) - Condition requiring claim to be made within 30 days - Assured failing to make claim in due time - Whether compliance was condition precedent to liability of insurers - Third Parties (Rights against Insurers) Act 1930.

HURSTWOOD DEVELOPMENTS LTD v MOTOR & GENERAL & ANDERSLEY & CO INSURANCE SERVICES H B BORING & CO LTD (Part 20 Defendants)

[2002] Lloyd's Rep IR 185

Insurance broker - Failure by broker to obtain insurance for contractor against design defects - Contractor becoming liable to remedy defective work of sub-contractor - Claim against sub-contractor by contractor - Whether broker liable for contribution - Whether sub-contractor and broker liable for same damage - Civil Liability (Contribution) Act 1978.

AGAPITOS v AGNEW AND OTHERS THE AEGEON

[2002] Lloyd's Rep IR 191

Insurance (marine) - Total loss of vessel - Claim rejected for breaches of warranty - Assured commenced proceedings - Underwriters asserted that assured had made false statements in course of proceedings - Effect of breach of warranty - Whether breach of continuing duty of utmost good faith - Whether assured had made fraudulent claim.

CGU INTERNATIONAL INSURANCE PLC v SZABO AND OTHERS

[2002] Lloyd's Rep IR 196

Insurance (liability) - Conflict of laws - Negative declaratory relief - Service outside the jurisdiction - Forum non conveniens - Worldwide policy issued in London to English parent company - Claim brought under policy in Ohio under law of Ohio - Whether contract made in England - Whether contract governed by English law - Whether English proceedings should be stayed - Civil Procedure Rules, r 6.20.

JAMES v CGU INSURANCE PLC SUPREME AND ST ALBANS INSURANCE BROKERS

[2002] Lloyd's Rep IR 206

Insurance (property) - Fire - Insurers alleging that assured started fire himself or failed to take steps to extinguish it before it caused damage - Burden of proof where fraud alleged - Duty of disclosure - Moral hazard - Effect of ABI Statements of Insurance Practice - Waiver of duty of disclosure by failure to ask questions - Whether policy divisible into sections.

WILLIAM JACKSON & SONS LTD v OUGHTRED & HARRISON (INSURANCE) LTD

[2002] Lloyd's Rep IR 230

Insurance (property) - Insurance broker - Property undervalued at start of development work - Average Clause in policy - Fire caused partial loss - Whether brokers liable for shortfall - Whether brokers under a duty to advise claimants to have property revalued during course of works - Whether brokers negligent in failing to advise clients to insure building due to be demolished for costs of removal of rubble only.

INTERNATIONAL LOTTERY MANAGEMENT LTD v DUMAS AND OTHERS

[2002] Lloyd's Rep IR 237

Insurance (political risks) - Assured seeking to establish lottery in Azerbaijan - Preparations made for establishing lottery - Azerbaijan Government deciding to run lottery itself - Construction of policy - Utmost good faith - Whether misrepresentation as to authorisation under Azerbaijan law - Whether misleading statements as to effect of Azerbaijan Decree 33 - Declaration that assured had to best of knowledge not withheld material information - Whether assured aware of materiality of information - Marine Insurance Act 1906, section 18(3)(d) - Whether misrepresentation to leading underwriter entitled following market to avoid policy.

CALEDONIA NORTH SEA LTD v BRITISH TELECOMMUNICATIONS PLC, KELVIN INTERNATIONAL SERVICES LTD, LONDON BRITISH ENGINEERING LTD, NORTON (NO 2) LTD (IN LIQUIDATION), PICKUP NO 7 LTD, STENA OFFSHORE LTD, WOOD GROUP ENGINEERING CONTRACTORS LTD

[2002] Lloyd's Rep IR 261

Insurance - Subrogation and contribution - Insurance covering liabilities of operator of Piper Alpha oil platform for death or personal injury to persons employed on platform - Contractors providing services for the rig under contractual obligation to indemnify operators against death or injury to contractors’ employees unless caused solely by negligence or wilful misconduct of operators - Claims against employers paid by insurers - Whether insurers had rights of subrogation against contractors under contractor’s indemnities - Construction of indemnities - Effect of exclusion of consequential loss from indemnities.

SCREEN PARTNERS LONDON LTD v VIF FILM PRODUCTION GMBH & CO

[2002] Lloyd's Rep IR 283

Insurance - Time variable cover (TVC) - Film finance - Alleged agreement whereby investors in films were to obtain TVC, shortfall or gap insurance only from risk managers - Investors obtained policy from third party - Whether policy amounted to TVC, shortfall or gap insurance - Quantum meruit - Whether claim should be allowed to proceed.

QUORUM v SCHRAMM

[2002] Lloyd's Rep IR 292

Insurance (fine art) - Warehouse damaged by fire - Degree of damage suffered by painting - Whether policy valued or undervalued - Test for valuing work of art before and after damage.

QUORUM A/S v SCHRAMM (NO 2)

[2002] Lloyd's Rep IR 315

Insurance (fine art) - Painting damaged by fire - Insurers failing to make payment - Assured alleging at trial that policy was valued - Claim for US$5.7 million - Insurers paying US$600,000 plus interest into Court - Court ruling that policy was unvalued and awarding assured US$1.4 million plus interest - Whether assured entitled to interest from date of loss - Effect of delay in commencing proceedings - Costs - Whether assured had succeeded at trial - Whether costs should be reduced by reason of assured’s conduct - Civil Procedure Rules, Part 44.

HIH CASUALTY AND GENERAL INSURANCE LTD v AXA CORPORATE SOLUTIONS NEW HAMPSHIRE INSURANCE COMPANY

[2002] Lloyd's Rep IR 325

Reinsurance - Film finance policies - Warranties in reinsurance that a given number of films would be made - Shortfall in number of films - Consequences of breach of warranty - Whether reinsurers had waived breach of warranty - Waiver by election - Promissory estoppel - Estoppel by convention.

GLENCORE INTERNATIONAL AG v RYAN “THE BEURSGRACHT”

[2002] Lloyd's Rep IR 335

Insurance (marine liability) - Open cover - Obligation on assured to make monthly declarations - Assured failed to declare vessel - Assured becoming liable to owners of vessel - Whether open cover facultative/obligatory or automatically binding - Scope of obligation to make monthly declarations - Effect of breach - Implied term to declare risks within reasonable time - Innominate term - Effect of breach.

P & B (RUN-OFF) LTD v WOOLLEY

[2002] Lloyd's Rep IR 344

Insurance - Lloyd’s - Cash calls on Name - Whether Name member of syndicate during the relevant year - Lloyd’s Bye-law No 8 of 1988 (Agency Agreements Bye-law) - Whether agreement between Name and managing agent had to be in writing - Whether agreement in fact made - Whether agreement illegal.

DIRECT LINE INSURANCE v KHAN

[2002] Lloyd's Rep IR 364

Insurance (fire) - Claim for reinstatement of buildings, loss of contents and rental of alternative premises - Rental claim fraudulent - Rented premises belonged to assured - Whether fraud of rental claim entitled insurers to repayment of all sums paid for fire - Whether policy joint as between husband and wife.

UNUM LIFE INSURANCE CO OF AMERICA v ISRAEL PHOENIX ASSURANCE CO LTD

[2002] Lloyd's Rep IR 374

Reinsurance - Leading underwriter Clause - Identification of leading underwriter - Leading underwriter agreeing to arbitration - Whether authorised to do so by following market - Whether authority of leading underwriter brought to an end.

WORSLEY v TAMBRANDS LTD JACKSON (ON BEHALF OF SYNDICATE 582 AT LLOYD’S)

[2002] Lloyd's Rep IR 382

Insurance (legal expenses) - Liability of insurers for costs awarded against assured in unsuccessful action against third party - Supreme Court Act 1981, section 51 - Whether circumstances exceptional - Whether insurers were self-motivated - Whether insurers were wanton or officious intermeddlers - Causation.

TARBUCK v AVON INSURANCE

[2002] Lloyd's Rep IR 393

Insurance (legal expenses) - Insured bringing proceedings against third party - Insured becoming insolvent before paying solicitors - Whether solicitors able to bring direct action against legal expenses insurers - Third Parties (Rights against Insurers) Act 1930.

CORMACK AND CORMACK v EXCESS INSURANCE CO LTD

[2002] Lloyd's Rep IR 398

Insurance (liability) - Order for costs against liability insurer - Supreme Court Act 1981, section 51 - Whether exceptional circumstances for order made out - Whether insurer has to act exclusively or primarily in own interests in defending claim - Whether insurer’s intervention has to increase Claimant’s costs - Apportionment of costs between leading insurer and following market.

MONKTON COURT LTD v PERRY PROWSE (INSURANCE SERVICES) LTD

[2002] Lloyd's Rep IR 408

Insurance (liability) - Order for costs against liability insurer - Supreme Court Act 1981, section 51 - Whether exceptional circumstances for order made out - Whether insurer acting exclusively or primarily in its own interests in defending claim.

BHOPAL v SPHERE DRAKE INSURANCE PLC W LEVENE (INSURANCE BROKERS) LTD

[2002] Lloyd's Rep IR 413

Insurance (fire) - Heating warranty - Whether heater had been stored on premises - Whether insurers had waived breach of warranty by paying earlier claim - Brokers - Whether brokers liable for failing to warn insured of significance of warranty - Causation.

JAMES LONGLEY & CO v FOREST GILES LTD

[2002] Lloyd's Rep IR 421

Insurance (liability) - Subcontractor - Scope of policy - Insurance against liability for damage to property - Whether damage included costs of rectifying defective work - Whether damage included loss inflicted by reason of delay to handing over works.

FROST v JAMES FINLAY BANK LTD R G COZENS AND OTHERS

[2002] Lloyd's Rep IR 429

Insurance - Negligence - Customer borrowing money from bank for refurbishment of house - Bank receiving survey report - Customer changing insurers in belief that she was required to do so by Bank - House found to be suffering from subsidence - Delay by insurers in settling claim - Whether customer led to believe that insurers had to be changed - Whether bank owed duty of care and had assumed responsibilities of insurance brokers - Whether customer had suffered loss by reason of insurers’ delay - Whether chain of causation broken - Whether claim time-barred - Limitation Act 1980, section 14A - Whether customer or bank had cause of action against surveyors.

DECORUM INVESTMENTS LTD v ATKIN THE ELENA G

[2002] Lloyd's Rep IR 450

Insurance (marine) - Utmost good faith - Assured company controlled by controversial Russian businessman - Yacht moored in secured resort in Spain - Whether businessman under threat of physical violence - Whether yacht under threat of physical violence - Whether disclosure of existence of security measures required.

BURROWS v JAMAICA PRIVATE POWER CO LTD

[2002] Lloyd's Rep IR 466

Insurance (conflict of laws) - Negative declaratory relief - Forum non conveniens - Whether exclusive jurisdiction Clause pointing towards Courts of Jamaica - Weight to be given to Clause - Effect of slip in Lloyd’s market - Whether underwriters had submitted to jurisdiction of Jamaican Courts by inviting service of proceedings without reservation - Significance of applicable law.

DEUTSCHE RUCKVERSICHERUNG AG v LA FONDARIA ASSICURAZIONI SPA AND OTHERS

[2002] Lloyd's Rep IR 475

Reinsurance - Pool - Conflict of laws - Brussels Convention, Article 5(1) - Whether implied obligation on pool members to act as retrocessionaires as fronting company - Whether pool members ratified fronting arrangements - Place of obligation of retrocesionnaires to indemnify fronting company.

ASSICURAZIONI GENERALI SPA v EGE SIGORTA AS

[2002] Lloyd's Rep IR 480

Reinsurance - Conflict of laws - Jurisdiction Clause - Whether reinsurance incorporated jurisdiction Clause contained in direct policy - Effect of policy wording at variation with slip - Test for incorporation of jurisdiction Clause - Forum non conveniens - Significance of applicable law - Whether permission for service abroad should be set aside for non-disclosure.

ACE INSURANCE SA-NV v SEECHURN

[2002] Lloyd's Rep IR 489

Insurance (permanent disability) - Limitation of actions - Claimant making a claim outside limitation period - Estoppel by representation - Whether insurers estopped from relying on limitation period - Limitation Act 1980, s 5.

FROST v JAMES FINLAY BANK LTD

[2002] Lloyd's Rep IR 503

Insurance - Negligence - Customer borrowing money from Bank for refurbishment of house - Bank receiving survey report - Customer changing insurers in belief that she was required to do so by Bank - House found to be suffering from subsidence - Delay by insurers in settling claim - Whether customer led to believe that insurers had to be changed - Whether Bank owed duty of care and had assumed responsibilities of insurance brokers.

CLARK v TULL T/A ARDINGTON ELECTRICAL SERVICES DENNARD v PLANT SEN v STEELFORM ENGINEERING CO LTD LAGDEN v O’CONNOR BURDIS v LIVSEY

[2002] Lloyd's Rep IR 524

Insurance (motor) - Credit hire - Subrogation - Owners of damaged vehicles entering into credit hire agreements covering cost of replacement car and taking out insurance policies against risk of non-payment by Defendants - Whether policies valid - Whether credit hire agreements were consumer hire agreements within the Consumer Credit Act 1974, section 15 - Whether agreements were exempted from the 1974 Act by Consumer Credit Exempt Agreements Order 1989 - Measure of damages recoverable from Defendants - Calculation of local spot rate for hiring charges - Whether interest recoverable from Defendants.

CO-OPERATIVE RETAIL SERVICES LTD v TAYLOR YOUNG PARTNERSHIP AND OTHERS

[2002] Lloyd's Rep IR 555

Insurance (construction) - Subrogation - Policy covering interests of Employer, head contractor and sub-contractors - Premises damaged by fire - Claim by Employer against architect and engineers - Whether architect and engineers could seek contribution from head contractor and sub-contractor under Civil Liability (Contribution) Act 1978, s 1(1) - Whether policy prevented claim against head contractor and sub-contractor - Whether contractual arrangements prevented claim by Employer against head contractor and sub-contractor - Civil Liability (Contribution) Act 1978, s 1(3) - Whether contributory negligence of co-assured affected subrogation claim - Law Reform (Contributory Negligence) Act 1945.

AGAPITOS v AGNEW AND OTHERS THE AEGEON

[2002] Lloyd's Rep IR 573

Insurance (marine) - Total loss of vessel - Claim rejected for breaches of warranty - Assured commenced proceedings - Underwriters asserted that assured had made false statements in course of proceedings - Effect of breach of warranty - Whether breach of continuing duty of utmost good faith - Whether assured had made fraudulent claim.

JAN DE NUL (UK) LTD v AXA ROYALE BELGE SA

[2002] Lloyd's Rep IR 589

Insurance (liability) - Dredging works in Southampton water - Contractors causing silting of moorings, jetties and fishing grounds and obstruction of waterways - Whether contractors liable to occupiers and users - Basis of liability in negligence, private nuisance and public nuisance - Co-insurance between Employers and contractors - Assignment of benefits from Employers to contractors - Whether policy covered losses - Effect of exclusions for serious fault, non-consequential immaterial damage and non-accidental pollution.

GAN INSURANCE CO LTD v TAI PING INSURANCE CO LTD (No 3)

[2002] Lloyd's Rep IR 612

Reinsurance - Claims Co-operation Clause - Reinsurers requiring reinsureds to appoint named loss adjusters to investigate loss - Reinsureds reaching settlement without seeking permission of reinsurers - Whether breach of Claims Co-operation Clause - Whether reinsureds admitted liability contrary to Clause.

CAPLE v SEWELL AND OTHERS

[2002] Lloyd's Rep IR 627

Insurance (marine liability) - Liability for use of vessel insured “whilst being used for demonstration purposes” - Vessel at exhibition - Vessel used to allow photographer to take photographs of speedboats - Photographer injured - Whether vessel being used primarily for demonstration purposes.

ASSICURAZIONI GENERALI SPA v ARAB INSURANCE GROUP (BSC)

[2002] Lloyd's Rep IR 633

Reinsurance - Date on which contract was made - Effect of slips being signed and stamped - Retention - Whether warranty that reinsured would maintain retention at stated level - Misrepresentation - Whether misleading statements made as to participation of other parties - Misrepresentation - Whether reserving policy unusual or imprudent.

CORNHILL INSURANCE PLC v D E STAMP FELT ROOFING CONTRACTORS LTD

[2002] Lloyd's Rep IR 648

Insurance (contractors’ public liability) - Condition precedent that assured made arrangements for precautions to be taken for work involving the application of heat - Construction of condition precedent - Whether condition precedent required compliance with arrangements - Whether breach of condition.

GRELL-TAUREL LTD v CARIBBEAN HOME INSURANCE CO LTD AMERICAN LIFE & GENERAL INSURANCE CO TRINIDAD LTD TRINIDAD AND TOBAGO INSURANCE LTD NEM (WEST INDIES) INSURANCE LTD NEW INDIA ASSURANCE CO (TRINIDAD AND TOBAGO) LTD CARIBBEAN INSURANCE CO LTD CARIBBEAN COMMERCIAL INSURANCE CO LTD UNITED INSURANCE CO LTD COLONIAL FIRE & GENERAL INSURANCE CO LTD MARITIME GENERAL INSURANCE CO LTD

[2002] Lloyd's Rep IR 655

Insurance (buildings) - Extension of cover to riot - Exclusion for insurrection - Reverse burden of proof Clause - Losses by looting following insurrection - Assured required to prove that loss was not occasioned directly or indirectly by reason of excluded peril - Whether insurers required to show arguable case that excluded peril applied - Whether insurrection indirectly caused loss.

STRIVE SHIPPING CORPORATION v HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD THE GRECIA EXPRESS

[2002] Lloyd's Rep IR 669

Insurance (marine) - War risks - Burden of proof - Deliberate scuttling - Barratry - Non- disclosure - Material facts - Materiality of previous losses - Overvaluation - Waiver of breach of duty - Suing and labouring - Marine Insurance Act 1906, sections 17, 18, 55 and 78

NIMA SARL v DEVES INSURANCE PLC [2002] EWCA Civ 1132

[2002] Lloyd's Rep IR 752

Insurance (marine) - Loss of cargo - Conflict of laws - Whether England appropriate forum for action to be heard - Policy governed by English law - Whether seriously arguable that risk had not attached - Whether seriously arguable that vessel was a “phantom vessel” - Marine Insurance Act 1906, ss 44 and 45 - Institute Cargo Clauses A - Effect of expiry of foreign limitation period.

SCOTT v COPENHAGEN REINSURANCE CO (UK) LTD [2002] EWHC 1348 (Comm)

[2002] Lloyd's Rep IR 775

Reinsurance (war risks) - Aggregation - Aircraft seized at Kuwait Airport by invading Iraqi forces - Reinsurance covering all losses arising from one event - Whether seizure of aircraft one event - Actual total loss - Whether loss occurred on seizure of aircraft.

KIRIACOULIS LINES SA v COMPAGNIE D’ASSURANCES MARITIME ARIENNES ET TERRESTRES (CAMAT) THE DEMETRA K [2002] EWCA Civ 1070

[2002] Lloyd's Rep IR 795

Insurance (marine) - Hull and Machinery policy - Cover for fire - Underwriters refusing to insure losses caused by war risks and malicious acts - Whether loss by fire included a fire deliberately caused by a third party - Whether the risk “Fire” modified by agreement - Whether policy should be rectified to contain specific exclusion for malicious acts - Estoppel - Effect of loss caused concurrently by insured peril and excluded peril.

FEASEY (REPRESENTING SYNDICATE 957 AT LLOYD’S) v SUN LIFE ASSURANCE CO OF CANADA PHOENIX HOME LIFE MUTUAL INSURANCE CO STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD v FEASEY [2002] EWHC 868 (Comm)

[2002] Lloyd's Rep IR 807

Reinsurance - P & I Association - Reinsurance of Association in respect of payments to members for liability for death and personal injury - Payments under reinsurance triggered by death or personal injury of “original person” and not by liability of Association - Whether contrary to Life Assurance Act 1774, section I - Amount recoverable under Life Assurance Act 1774, section 3 - Misrepresentation - Whether reinsurers made false statements to their reinsurers concerning assessment of amount of payments to Association - Authority of underwriting agent.

GROUPAMA INSURANCE CO LTD v CHANNEL ISLANDS SECURITIES LTD

[2002] Lloyd's Rep IR 843

Insurance - Conflict of laws - Forum non conveniens - Non-mutual exclusive jurisdiction Clause - Assured bound to sue in England - Whether assured could have service abroad set aside.

BROTHERTON v ASEGUADORA COLSEGUROS SA LA PREVISORA SA COMPANIA DE SEGUROS

[2002] Lloyd's Rep IR 848

Reinsurance - Conflict of laws - Negative declaratory relief - Jurisdiction Clause - Whether express agreement for foreign jurisdiction - Effect of reference to jurisdiction Clause in slip - Forum non conveniens - Whether service could be effected on reinsureds’ brokers.

LINCOLN NATIONAL LIFE INSURANCE CO MANUFACTURERS LIFE INSURANCE CORPORATION AMERICAN UNITED LIFE INSURANCE CO v EMPLOYERS REINSURANCE CORPORATION [2002] EWHC 28 (Comm)

[2002] Lloyd's Rep IR 853

Reinsurance - Conflict of laws - Negative declaratory relief - Forum non conveniens - Whether English law was applicable law - Whether agreement to go to arbitration - Rome Convention 1980, Art 4.

(1) LINCOLN NATIONAL LIFE INSURANCE CO (2) MANUFACTURERS LIFE INSURANCE CORPORATION (3) AMERICAN UNITED LIFE INSURANCE CO v EMPLOYERS REINSURANCE CORPORATION

[2002] Lloyd's Rep IR 881

Reinsurance - Conflict of laws - Negative declaratory relief - Forum non conveniens - Whether English law was applicable law - Whether agreement to go to arbitration - Rome Convention 1980, Art 4.

LLR: Insurance & Reinsurance