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AGEAS (UK) LTD v KWIK-FIT (GB) LTD AND ANOTHER
[2015] Lloyd's Rep. IR 1
Insurance (indemnity) – Share purchase agreement – Breach – Measure of damages – Whether subsequent events affecting value of shares could be taken into account – Compensatory principle – Allocation of risk.
HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD AND ANOTHER (THE “HO FENG 7”)
[2015] Lloyd's Rep. IR 14
Insurance (marine) – Deadweight warranty – Effect of breach of warranty – Whether warranty inconsistent with cover note and policy – Relevance of knowledge of insurers as to breach of warranty – Rectification – Waiver and estoppel – Duty of disclosure – Marine Insurance Ordinance, sections 18, 33 and 34.
MCLENNAN v INSURANCE AUSTRALIA LTD
[2015] Lloyd's Rep. IR 26
Insurance (fire) – Burden of proof – Whether clause removing cover for fire deliberately set by a member of assured's household was an exclusion or a conditional promise.
RIDGECREST NEW ZEALAND LTD v IAG NEW ZEALAND LTD
[2015] Lloyd's Rep. IR 34
Insurance (property) – Building damaged by successive earthquakes – Measure of recovery – Application of merger doctrine to non-marine insurance – Principle of indemnity.
STARLIGHT SHIPPING CO v ALLIANZ MARINE & AVIATION VERSICHERUNGS AG AND OTHERS (THE “ALEXANDROS T”)
[2015] Lloyd's Rep. IR 49
Insurance (marine) – Jurisdiction – Breach of settlement agreement by bringing action outside the jurisdiction – Council Regulation (EC) No 44/2001.
STARLIGHT SHIPPING CO v ALLIANZ MARINE AND AVIATION VERSICHERUNGS AG AND OTHERS (THE "ALEXANDROS T") (NO 2)
[2015] Lloyd's Rep. IR 54
Insurance (marine) - Settlement agreements - Full and final settlement - Whether settlements extended to servants and agents of underwriters - Whether specific performance of settlement agreements could be ordered - Contracts (Rights of Third Parties) Act 1999.
BIRLA NIFTY PTY LTD v INTERNATIONAL MINING INDUSTRY UNDERWRITERS LTD
[2015] Lloyd's Rep. IR 75
Insurance (business interruption) - Calculation of excess - Admissibility of expert evidence - Construction - Relevance of placing slip - Estoppel.
ISLINGTON PARK LTD v ACE INSURANCE LTD AND OTHERS
[2015] Lloyd's Rep. IR 90
Insurance (property) – Measure of indemnity – Deemed total loss where estimated cost of repair exceeded 80 per cent of agreed value – Meaning of “estimated cost of repair”.
RATHBONE BROTHERS PLC AND ANOTHER v NOVAE CORPORATE UNDERWRITING LTD AND OTHERS
[2015] Lloyd's Rep. IR 095
Insurance (professional indemnity) – Policy taken out by solicitors for benefit of employees – Whether policy provided coverage for activities of employee as personal trustee – Whether policy was in excess of other insurances – Subrogation – Solicitors providing indemnity to employee – Whether indemnity available only after insurance coverage exhausted – Whether policy impliedly waived subrogation rights.
VERSLOOT DREDGING BV AND ANOTHER v HDI-GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE “DC MERWESTONE”)
[2015] Lloyd's Rep. IR 115
Insurance (marine) – Fraudulent claim – Vessel totally lost – False statement made about operation of alarm – Whether statement fraudulent – Whether fraudulent means or device – Effect of fraud.
VNUK v ZAVAROVALNICA TRIGLAV DD
[2015] Lloyd's Rep. IR 142
Insurance (motor) – Accident involving tractor pulling trailer occurring on private land – Whether insurance was required – Meaning of “vehicle” – Relevance of use of vehicle – Whether obligation to insure extended to private land – First Motor Insurance Directive, Council Directive 72/166/EEC, articles 1 and 3.
ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE “B ATLANTIC”) (NO 2)
[2015] Lloyd's Rep. IR 151
Insurance (marine, war risks) – Vessel found to be carrying drugs and seized – Vessel a constructive total loss – Whether claim lost by reason of “infringement of any customs or trading regulations” – Whether claim lost by reason of failure to provide security – Duty to sue and labour – Whether costs recoverable – Institute War and Strikes Clauses Hull 1/10/83.
EUROKEY RECYCLING LTD v GILES INSURANCE BROKERS LTD
[2015] Lloyd's Rep. IR 225
Insurance (business interruption) – Duties of broker – Causation – Contributory negligence.
PLEVIN v PARAGON PERSONAL FINANCE LTD
[2015] Lloyd's Rep. IR 247
Insurance (payment protection insurance) – Assured not told of commission levels – No assessment of assured's needs by insurers – Whether lenders liable for defaults of broker – Unfair relationship – Consumer Credit Act 1974, sections 140A to 140D.
QBE INSURANCE (INTERNATIONAL) LTD v WILD SOUTH HOLDINGS LTD AND ANOTHER; MARRIOTT AND ANOTHER v VERO INSURANCE NEW ZEALAND LTD; CRYSTAL IMPORTS LTD v CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON AND ANOTHER
[2015] Lloyd's Rep. IR 259
Insurance (property) – Successive losses caused by earthquake damage – Merger of losses – Measure of indemnity – Automatic reinstatement clause – Date of reinstatement – Meaning of excess clause – Meaning of “destroyed”.
TOWER INSURANCE LTD v SKYWARD AVIATION 2008 LTD
[2015] Lloyd's Rep. IR 283
Insurance (property) – Total loss – Measure of indemnity – Whether choice as to measure of indemnity was that of insurers or that of assured – Measure of indemnity where another house was purchased.
GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD; CHINA NATIONAL CHARTERING CO LTD v DAIICHI CHUO KISEN KAISHA (THE "OCEAN VICTORY")
[2015] Lloyd's Rep. IR 295
Charterparty (Time) – Safe port warranty – Port taking precautions against existing dangers – Whether safe as a result – Negligent navigation – Bareboat charterparty – Whether demise charterers liable to ship owners for breach of safe port warranty – Insurance – Assignment – Subrogation – Barecon 89 Standard Bareboat Charter.
TED BAKER PLC AND ANOTHER v AXA INSURANCE UK PLC AND OTHERS (NO 2)
[2015] Lloyd's Rep. IR 325
Insurance (business interruption) â Claims cooperation clause â Requirement for assured to submit proofs as might reasonably be required by insurers â Whether clause broken â Effect of breach â Burden of proof â Effect of per loss deductible â Calculation of loss of gross revenue.
IMPACT FUNDING SOLUTIONS LTD v BARRINGTON SUPPORT SERVICES LTD AIG EUROPE INSURANCE UK LTD (THIRD PARTY)
[2015] Lloyd's Rep. IR 371
Insurance (professional indemnity) – 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.
KRAAL AND ANOTHER v THE EARTHQUAKE COMMISSION AND ANOTHER
[2015] Lloyd's Rep. IR 378
Insurance (property) – Meaning of phrase “physical loss or damage to the property” – House undamaged but incapable of occupation by reason of threat of rockfalls – Whether house “lost or damaged” – Earthquake Commission Act 1993 (New Zealand).
SUEZ FORTUNE INVESTMENTS LTD AND ANOTHER v TALBOT UNDERWRITING LTD AND OTHERS (THE M/V “BRILLANTE VIRTUOSO”)
[2015] Lloyd's Rep. IR 388
Insurance (marine) – Meaning of constructive total loss – Measure of indemnity for partial loss – Loss of hire – Suing and labouring – Marine Insurance Act 1906, sections 16, 27(2), 60, 69 and 78.
DELANEY v SECRETARY OF STATE FOR TRANSPORT
[2015] Lloyd's Rep. IR 441
Insurance (motor) - Motor Insurers' Bureau - Uninsured Drivers' Agreement 1999 - Validity of exclusion for criminal acts by passenger - Second Motor Insurance Directive, Council Directive 84/5/EEC.
R (ON THE APPLICATION OF BLUEFIN INSURANCE SERVICES LTD) v FINANCIAL OMBUDSMAN SERVICE LTD
[2015] Lloyd's Rep. IR 457
Insurance (directors and officers) - Complaint by director against broker to Financial Ombudsman Service - Whether FOS possessed jurisdiction to hear complaint - Judicial review - Financial Services and Markets Act 2000, section 226 - Financial Conduct Authority Rulebook (DISP).
RECOVERY OF MEDICAL COSTS FOR ASBESTOS DISEASES (WALES) BILL (REFERENCE BY THE COUNSEL GENERAL FOR WALES)
[2015] Lloyd's Rep. IR 474
Insurance (liability) - Asbestos - Validity of measure to impose retrospective liability upon compensators and insurers to fund National Health Service - Government of Wales Act 2006, section 108 - Human Rights Act 1998.
STEVENS v EQUITY SYNDICATE MANAGEMENT LTD
[2015] Lloyd's Rep. IR 503
Insurance (motor) - Measure of damages for cost of hiring replacement vehicle - Use of credit hire where claimant was not impecunious - Calculation of basic hire rate (BHR).
ASPEN INSURANCE UK LTD v ADANA CONSTRUCTION LTD
[2015] Lloyd's Rep. IR 511
Insurance (public and product liability) – Assured constructing base for crane – Crane collapsing – Whether policy covered claim against assured.
DOWLING v BENNETT GRIFFIN
[2015] Lloyd's Rep. IR 522
Insurance (liability) – Disclosure of insurance information – Professional negligence – Solicitor – Whether solicitor negligent in failing to seek disclosure order – Civil Procedure Rules, Part 18.
LITAKSA UAB v BTA INSURANCE CO SE
[2015] Lloyd's Rep. IR 529
Insurance (motor) – Insurer charging supplementary premium for use of vehicles elsewhere in EU – Obligation to provide EU coverage for a single premium – Third Motor Insurance Directive, 90/232/EEC, article 2 – Consolidated Motor Insurance Directive, 2009/103/EC, article 14.
MORENO v MOTOR INSURERS' BUREAU
[2015] Lloyd's Rep. IR 535
Insurance (motor) – English resident victim injured in Greece by uninsured driver – Claim against UK Motor Insurers' Bureau – Measure of damages – Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 – Rome II Regulation, European Parliament and Council Regulation 864/2007/EC.
WESTERN TRADING LTD v GREAT LAKES REINSURANCE (UK) PLC
[2015] Lloyd's Rep. IR 561
Insurance (property) – Insurable interest – Misrepresentation – Materiality and inducement – Sum payable under the policy – Insurance monies payable only for reinstatement – Property not reinstated – Whether declaration an appropriate remedy – Marine Insurance Act 1906, section 20.
HAYWARD v ZURICH INSURANCE CO PLC
[2015] Lloyd's Rep. IR 585
Insurance (employers’ liability) – Settlement reached with victim – Fraud suspected – Evidence of fraud becoming apparent thereafter – Whether settlement could be set aside.
MACCAFERRI LTD v ZURICH INSURANCE PLC
[2015] Lloyd's Rep. IR 594
Insurance (liability) – Condition precedent on assured to notify insurers of event likely to give rise to a claim – Whether condition precedent broken.
ZURICH INSURANCE PLC UK BRANCH v INTERNATIONAL ENERGY GROUP LTD; ASSOCIATION OF BRITISH INSURERS (INTERVENING); ASBESTOS VICTIM SUPPORT GROUP FORUM UK (INTERVENING)
[2015] Lloyd's Rep. IR 598
Insurance (employers’ liability) – Asbestos – Mesothelioma – Insurer on risk for six years – Employee exposed to asbestos for 27 years by same employer – Whether insurer liable for entire 27 years – Right of insurer to contribution from other insurers on risk – Right of recoupment against assured employer for periods without insurance – Allocation of defence costs – Compensation Act 2006, section 3 – Civil Liability (Contribution) Act 1978 – Financial Services and Markets Act 2000 – Mesothelioma Act 2014 – Third Parties (Rights Against Insurers) Acts 1930 and 2010.
AVONSIDE HOLDINGS LTD v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD
[2015] Lloyd's Rep. IR 653
Insurance (property) â Measure of indemnity â Assured entitled to sum equivalent to notional costs of rebuilding property â Calculation of rebuilding costs â Whether contingencies, professional fees and external works to be included in calculating rebuilding costs.
INVOLNERT MANAGEMENT INC v APRILGRANGE LTD AND OTHERS AIS INSURANCE SERVICES LTD (FIRST THIRD PARTY) OAMPS SPECIAL RISKS LTD (SECOND THIRD PARTY)
[2015] Lloyd's Rep. IR 661
Insurance (marine) – Yacht – Non-disclosure of overvaluation of yacht – Non-disclosure of fact that the yacht was on the market – Materiality – Inducement – Waiver of disclosure – Misrepresentation as to value of vessel – Whether assured complied with policy terms as to notification of loss, commencement of proceedings and giving evidence on oath – Notice of abandonment – Marine Insurance Act 1906, sections 18, 20 and 57 to 62 – Relationship between assured, producing broker and placing broker – Duty of broker to complete proposal form and to warn assured of duty of disclosure.