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AXA VERSICHERUNG AG v ARAB INSURANCE GROUP (BSC)

[2016] Lloyd's Rep. IR 1

Reinsurance (energy construction risks) – Facultative/obligatory first loss treaty – Non-disclosure – Misrepresentation – Materiality of loss statistics – Inducement – Waiver – Effect of layered construction risks.

CAMPBELL v PETER GORDON JOINERS LTD AND ANOTHER

[2016] Lloyd's Rep. IR 35

Insurance (employers’ liability) – Failure by employer to insure – Whether director liable for breach of statutory duty – Employers’ Liability (Compulsory Insurance) Act 1969.

HARLEQUIN PROPERTY (SVG) LTD AND ANOTHER v WILKINS KENNEDY

[2016] Lloyd's Rep. IR 53

Insurance (after the event) – Application by defendant for security for costs – Claimants insured under ATE policy – Whether ATE policy provided sufficient security for the defendant's costs – CPR Part 25 – Third Parties (Rights Against Insurers) Act 1930.

VAN HOVE v CNP ASSURANCES SA

[2016] Lloyd's Rep. IR 61

Insurance (payment protection - Definition of total incapacity - Whether term defined main subject matter of contract - Whether term in plain, intelligible language - Unfair Terms in Consumer Contracts Directive, Council Directive 93/13/EEC.

BRIT UW LTD v F & B TRENCHLESS SOLUTIONS LTD

[2016] Lloyd's Rep. IR 69

Insurance (contractors’ combined liability) – Misrepresentation and non-disclosure – Materiality – Inducement – Affirmation – Sub-broker – Marine Insurance Act 1906, sections 18 and 20.

MAPFRE MUTUALIDAD COMPANIA DE SEGUROS Y REASEGUROS SA AND ANOTHER v KEEFE

[2016] Lloyd's Rep. IR 94

Insurance (liability) – Conflict of laws – Jurisdiction – Victim injured in Spain – Claim against insurers in England – Whether the tortfeasor could be joined to English proceedings against the insurers – Matters relating to insurance – Council Regulation 44/2001/EC, article 11.

MEDICAL ASSURANCE SOCIETY NEW ZEALAND LTD v EAST AND OTHERS

[2016] Lloyd's Rep. IR 118

Insurance (building) – Whether obligation of insurers to “cover the cost” of reinstatement required the assured to incur liability to pay for such costs as a condition of recovery – Measure of indemnity – Meaning of “as new”.

PA(GI) LTD v GICL 2013 LTD AND ANOTHER

[2016] Lloyd's Rep. IR 125

Insurance (payment protection) – Transfer of business – Whether statutory transfer carried liabilities for mis-selling claims – Financial Services and Markets Act 2000, Part VII.

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

[2016] Lloyd's Rep. IR 134

Insurance (professional indemnity) – Date on which liability of assured established and ascertained – Effect of interim order of damages – CPR 25.7.

AIG EUROPE LTD v OC320301 LLP AND OTHERS

[2016] Lloyd's Rep. IR 147

Insurance (professional indemnity) – Aggregation of claims for purposes of policy limits – Meaning of “similar acts or omissions” – Meaning of “series of related matters or transactions”.

EQUITY SYNDICATE MANAGEMENT LTD v GLAXOSMITHKLINE PLC AND ANOTHER

[2016] Lloyd's Rep. IR 155

Insurance (motor) – Rectification – Double insurance – Contribution.

LAMBERT LEASING INC AND ANOTHER v QBE INSURANCE LTD AND OTHERS (NO 2)

[2016] Lloyd's Rep. IR 163

Insurance (liability) – Pay to be paid clause – Whether insurers were liable to indemnify the assured before the assured had paid the third party.

MCCRACKEN v SMITH AND OTHERS

[2016] Lloyd's Rep. IR 171

Insurance (motor) – Passenger injured while riding on stolen and uninsured motor bike – Ex turpi causa – Contributory negligence – Costs.

MILTON FURNITURE LTD v BRIT INSURANCE LTD

[2016] Lloyd's Rep. IR 192

Insurance (stock in trade and business interruption) – Two conditions as to maintenance of burglar alarm – Interrelationship of the two conditions – Whether assured in breach by failing to pay charges to alarm monitoring service – Whether premises “left unattended”.

SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD v AVONSIDE HOLDINGS LTD

[2016] Lloyd's Rep. IR 210

Insurance (building) - House totally destroyed - Measure of indemnity capped at rebuilding cost - Whether cost could include contingencies and professional fees.

ALLANFIELD PROPERTY INSURANCE SERVICES LTD AND OTHERS v AVIVA INSURANCE LTD AND ANOTHER

[2016] Lloyd's Rep. IR 217

Insurance (broker) – Insolvency of broker – Client monies held on trust – Effect of trust – Financial Services and Markets Act 2000 – Insolvency Act 1986 – Client Assets Sourcebook – Insurance Mediation Directive, European Parliament and Council Directive 2002/92/EC.

ARC CAPITAL PARTNERS LTD v BRIT UW LTD AND ANOTHER

[2016] Lloyd's Rep. IR 253

Insurance (professional indemnity) – Claims made policy – When “claim” made against assured – Retroactive Date clause – Continuity of Cover clause.

SOBRANY v UAB TRANSTIRA

[2016] Lloyd's Rep. IR 266

Insurance (motor) – Credit hire charges – Credit hire agreements unenforceable – Charges paid by insurers – Whether two policies existed – Subrogation – Contribution.

TOWER INSURANCE LTD v DOMENICO TRUSTEE LTD

[2016] Lloyd's Rep. IR 277

Insurance (buildings) – Insurers having right to elect to rebuild or pay indemnity value – Whether election had been made – Consequences of failure to elect within a reasonable time – Whether court permitted to exercise election for the insurers.

AIG EUROPE LTD v OC320301 LLP AND OTHERSTHE LAW SOCIETY OF ENGLAND AND WALES (INTERVENING)

[2016] Lloyd's Rep. IR 289

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

ERGO INSURANCE SE v IF P&C INSURANCE AS; GJENSIDIGE BALTIC AAS v PZU LIETUVA UAB DK

[2016] Lloyd's Rep. IR 299

Insurance (motor) – Applicable law – Two assureds liable for same loss – Allocation of liability – Right of subrogation of paying insurer – Regulation on the Law Applicable to Contractual Obligations, European Parliament and Council Regulation 593/2008 (Rome I) – Regulation on the Law Applicable to Non-Contractual Obligations, European Parliament and Council Regulation 864/2007 (Rome II) – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

JCS COST MANAGEMENT LTD AND ANOTHER v QBE INSURANCE (INTERNATIONAL) LTD

[2016] Lloyd's Rep. IR 308

Insurance (professional indemnity) – Defence costs – Assured attending house viewing to secure future work as project manager – Assured not giving advice on water-tightness of house – Claim against assured dismissed – Whether assured entitled to defence costs for claim not covered by policy.

OCEAN FINANCE & MORTGAGES LTD AND ANOTHER v OVAL INSURANCE BROKING LTD SENIOR WRIGHT LTD AND ANOTHER (THIRD PARTIES)

[2016] Lloyd's Rep. IR 319

Insurance (professional indemnity) – Duties of brokers – Failure by brokers to advise assured of need to give block notification of potential claims for mis-selling payment protection insurance policies – Allocation of responsibility between producing and placing brokers.

UK INSURANCE LTD v HOLDEN AND ANOTHER

[2016] Lloyd's Rep. IR 349

Insurance (motor) – Fire to premises where vehicle was being repaired – Whether policy applied where vehicle was not on a road or in a public place – Whether vehicle being used – Whether fire was an accident.

HOWE v MOTOR INSURERS’ BUREAU

[2016] Lloyd's Rep. IR 359

Insurance (motor) – English resident injured in France by untraced driver – Claim against Motor Insurers’ Bureau – Limitation period – Estoppel – Estoppel by convention – Limitation Act 1980, section 9 – Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulation 13.

LEGG AND OTHERS v STERTE GARAGE LTD AND ANOTHER

[2016] Lloyd's Rep. IR 390

Insurance (public liability) – Defence costs – Whether order to pay claimants’ costs could be made against liability insurers – Senior Courts Act 1981, section 51 – Third Parties (Rights Against Insurers) Act 1930.

MARSHALL v MOTOR INSURERS’ BUREAU AND OTHERS

[2016] Lloyd's Rep. IR 400

Insurance (motor) – Accident occurring in France – Law applicable to the tort – Measure of damages – Whether claim could be brought against the Motor Insurers’ Bureau where there was insurance in force – Rome II Regulation, articles 4 and 13 – Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulation 13.

MAYOR'S OFFICE FOR POLICING AND CRIME v MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD AND OTHERS

[2016] Lloyd's Rep. IR 411

Insurance (property) – Riot – Whether consequential losses including loss of profit and loss of rent recoverable under Riot (Damages) Act 1886, section 2.

XL INSURANCE COMPANY SE v AXA CORPORATE SOLUTIONS ASSURANCE

[2016] Lloyd's Rep. IR 420

Insurance (liability) – Conflict of laws – Jurisdiction of the English courts – Claim for contribution – Whether claim a was a matter relating to a contract – Whether the claim was a matter relating to a tort – Brussels Regulation Recast, articles 4 and 7.

BARRIE TOEPFER EARTHMOVING AND LAND MANAGEMENT PTY LTD v CGU INSURANCE LTD AND OTHERS

[2016] Lloyd's Rep. IR 433

Insurance (motor liability) – Excavator being carried on low-loader colliding with bridge – Whether the assured was reckless – Whether the assured was in breach of a reasonable care condition – Burden of proof – Construction of reasonable care condition.

FRASCA-JUDD v GOLOVINA

[2016] Lloyd's Rep. IR 447

Insurance (property) – Subrogation – Landlord and tenant – Policy taken out by landlord – Whether tenant in breach of terms of lease – Whether insurers had subrogation rights against tenant.

MASSAR v DAS NEDERLANDSE RECHTSBIJSTAND VERZEKERINGSMAATSCHAPPIJ NV

[2016] Lloyd's Rep. IR 463

Insurance (legal expenses) – Right of policyholder to recover costs of independent lawyer – Meaning of “any inquiry or proceedings” – Legal Expenses Directive, Council Directive 87/344/EEC.

VERSLOOT DREDGING BV AND ANOTHER v HDI GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE “DC MERWESTONE”)

[2016] Lloyd's Rep. IR 468

Insurance (marine) – Fraudulent claim – Fraudulent means and devices – Whether “collateral lies” constituted a fraudulent claim.

CAPE DISTRIBUTION LTD v CAPE INTERMEDIATE HOLDINGS

[2016] Lloyd's Rep. IR 499

Insurance (employers’ liability) – Effect of Sale Agreement transferring the claimant's business to the defendant – Indemnity given by defendant to claimant – Whether indemnity applied where the claimant's insurance was available – Subrogation – Whether defendant was co-insured under the policy and immune from subrogation – Whether defendant was a beneficiary of the policy and immune from subrogation – Estoppel by convention.

MUTUAL ENERGY LTD v STARR UNDERWRITING AGENTS LTD AND ANOTHER

[2016] Lloyd's Rep. IR 550

Utmost good faith – Policy removing remedies unless “deliberate or fraudulent non-disclosure or misrepresentation” – Whether dishonesty required.

ATLASNAVIOS-NAVEGAÇÃO, LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE “B ATLANTIC”)

[2016] Lloyd's Rep. IR 565

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” – Institute War and Strikes Clauses Hull 1/10/83.

AXA CORPORATE SOLUTIONS ASSURANCE SA v WEIR SERVICES AUSTRALIA PTY LTD

[2016] Lloyd's Rep. IR 578

Insurance (product liability) – Conflict of laws – Global policy governed by English law – Local policy governed by law of New South Wales – Parallel proceedings in England and Australia – Application by insurer for anti-suit relief – Application by policyholder for stay of English proceedings – Case management.

BÜYÜKTIPI v ACHMEA SCHADEVERZEKERINGEN NV AND ANOTHER

[2016] Lloyd's Rep. IR 586

Insurance (legal expenses) – Right of policyholder to recover costs of independent lawyer – Meaning of “any inquiry or proceedings” – Legal Expenses Directive, Council Directive 87/344/EEC

CAMPBELL v GORDON

[2016] Lloyd's Rep. IR 591

Insurance (employers’ liability) – Failure by employer to have liability policy covering injury to appellant – Whether employer liable in damages for breach of statutory duty – Employers’ Liability (Compulsory) Insurance Act 1969, sections 1 and 5.

CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANFGARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE “MV RENOS”)

[2016] Lloyd's Rep. IR 601

Insurance (marine) – Vessel damaged by fire – Whether vessel a constructive total loss – Whether notice of abandonment validly served – Assessment of costs of repairs – Whether costs incurred before notice of abandonment served to be taken into account – Salvage costs – Suing and labouring – Marine Insurance Act 1906, sections 60 and 62.

R+V VERSICHERUNG AG v ROBERTSON AND CO SA

[2016] Lloyd's Rep. IR 612

Reinsurance – Jurisdiction – Whether parties agreed in writing to submit disputes to the English courts – Lugano Convention 2007, article 23.

WIGLEY-FOSTER v WILSON AND ANOTHER

[2016] Lloyd's Rep. IR 622

Insurance (motor) – Claimant injured in motor accident in Greece – Failure by insurer's claims representative to give reasoned response to claim – Insurer becoming insolvent – Whether claimant had a claim against Motor Insurers’ Bureau – European Parliament and Council Directive 2000/26/EC, Fourth Motor Insurance Directive – Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003.

LLR: Insurance & Reinsurance