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THE FINANCIAL CONDUCT AUTHORITY HISCOX ACTION GROUP v ARCH INSURANCE (UK) LTD ARGENTA SYNDICATE MANAGEMENT LTD ROYAL & SUN ALLIANCE INSURANCE PLC MS AMLIN UNDERWRITING LTD HISCOX INSURANCE CO LTD QBE UK LTD ARCH INSURANCE (UK) LTD v FINANCIAL CONDUCT AUTHORITY

[2021] Lloyd's Rep. IR Plus 1

Insurance (business interruption) – Covid-19 – Notifiable disease – National lockdown – Whether business interruption policy extensions responded to loss.

CORPORIS SP Z O O v GEFION INSURANCE A/S

[2021] Lloyd's Rep. IR Plus 2

Insurance (motor) – Claims representative – Whether service of legal proceedings can be effected on claims representative – European Parliament and Council Directive 2009/138/EC, article 152.

LEE v STRELNICKS SOUAID v NAHAS CASSIM v NGUYEN RIXON v ARSALAN

[2021] Lloyd's Rep. IR Plus 3

Insurance (motor) – Measure of damages in tort – Cost of hiring replacement vehicle –Mitigation of loss.

HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)

[2021] Lloyd's Rep. IR Plus 4

General average – Vessel kidnapped and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.

IRWELL INSURANCE CO LTD v WATSON AND OTHERS

[2021] Lloyd's Rep. IR Plus 5

Insurance – Claims made in employment tribunal against insolvent employer – Whether tribunal having jurisdiction to determine the liability of the employer’s insurers – Effect of arbitration clause – Third Parties (Rights Against Insurers) Act 2010, section 2 – Arbitration Act 1996, section 9.

HYPER TRUST LTD v FBD INSURANCE PLC

[2021] Lloyd's Rep. IR Plus 6

Insurance (business interruption) – Covid-19 pandemic coverage – Extension for disease and closure of premises – Causation – Indemnity period – Trends clause.

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

[2021] Lloyd's Rep. IR Plus 7

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.

MOORE v IAG NEW ZEALAND LTD

[2021] Lloyd's Rep. IR Plus 8

Insurance (property) – Aggregation – Successive earthquakes – Whether earthquakes constituted a series of losses or events – Causation.

RE MURRAY (DECEASED) CRUMMER v AAI LTD ABN 48 005 297 807, TRADING AS AAMI

[2021] Lloyd's Rep. IR Plus 9

Insurance (householder’s liability) – Policy excluding liability for death or injury of anyone who usually lives at the insured address – Meaning of exclusion.

CAFÉ CHAMELEON CC v GUARDRISK INSURANCE CO LTD

[2021] Lloyd's Rep. IR Plus 10

Insurance (business interruption) – Covid-19 – Extension for interruption due to notifiable disease occurring within 50 km of insured premises – Causation.

MA-AFRIKA HOTELS (PTY) LTD AND ANOTHER v SANTAM LTD

[2021] Lloyd's Rep. IR Plus 11

Insurance (business interruption) – Covid-19 – Extension for interruption due to notifiable disease occurring within 40 km of insured premises – Causation.

LORD BISHOP OF LEEDS AND ANOTHER v DIXON COLES AND GILL (A FIRM) AND OTHERS THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS

[2021] Lloyd's Rep. IR Plus 12

Insurance (professional indemnity) – Aggregation – Whether claims arising from one series of related acts or omissions could be aggregated – Whether two sets of claims arose from one series of related acts – Partnership Act 1890, sections 9 to 13 – Limitation Act 1980, section 21 – Third Parties (Rights Against Insurers) Act 1930 – Summary judgment – CPR 24.2.

AXIS CORPORATE CAPITAL UK II LTD AND OTHERS v ABSA GROUP LTD AND OTHERS

[2021] Lloyd's Rep. IR Plus 13

Reinsurance – Conflict of laws – Whether reinsurance agreements contained exclusive jurisdiction clauses – Anti-suit injunction – Declaratory relief – Senior Courts Act 1981, section 37.

GEMMELL v KSL HAIR LTD AND OTHERS

[2021] Lloyd's Rep. IR Plus 14

Insurance (liability) – Claim for assault and negligence in performing hair transplant procedures - Third Parties (Rights Against Insurers) Act 2010.

RAWSON HOMES PTY LTD v ALLIANZ AUSTRALIA INSURANCE LTD

[2021] Lloyd's Rep. IR Plus 15

Insurance (construction) – Hailstorm giving rise to damage to 122 roofs – Application of deductible – Whether one event or 122 events – Whether one claim or 122 claims.

IN THE MATTER OF CERTAIN OF THE MEMBERS AT LLOYD’S FOR ANY OR ALL OF THE 1993 TO 2020 (INCLUSIVE) YEARS OF ACCOUNT, REPRESENTED BY THE SOCIETY OF LLOYD’S IN THE MATTER OF LLOYD’S INSURANCE CO SA IN THE MATTER OF PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000

[2021] Lloyd's Rep. IR Plus 16

Insurance (transfer of insurance business) – Financial Services and Markets Act 2000, Part VII – Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) Order 2001 (SI 2001 No 3626) - Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants Regulations) 2001 (SI 2001 No 3625).

CATLIN SYNDICATE LTD AND OTHERS v AMEC FOSTER WHEELER USA CORPORATION AND ANOTHER

[2021] Lloyd's Rep. IR Plus 17

Insurance (liability) – Conflict of laws – Anti-suit injunction – Binding effect of exclusive jurisdiction clause – Whether arbitration clause incorporated – Senior Courts Act 1981, section 37.

AXIS CORPORATE CAPITAL UK II LTD AND OTHERS v ABSA GROUP LTD AND OTHERS

[2021] Lloyd's Rep. IR Plus 18

Reinsurance – Conflict of laws – Reinsurance arranged in layers – Separate jurisdiction provisions in each layer – Whether exclusive jurisdiction agreed upon – Grant of anti-suit injunction – Senior Courts Act 1981, section 37.

SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD v DODDS AND OTHERS

[2021] Lloyd's Rep. IR Plus 19

Insurance (property) – Settlement Agreement – Misrepresentation by insurers as to sums payable – Continuing duty of utmost good faith – Whether Settlement Agreement could be overturned.

R (ON THE APPLICATION OF AVIVA INSURANCE LTD AND ANOTHER) v THE SECRETARY OF STATE FOR WORK AND PENSIONS

[2021] Lloyd's Rep. IR Plus 20

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 – Human Rights Act 1998.

SLEIGHT AND ANOTHER v BECKIA HOLDINGS LTD AND OTHERS

[2021] Lloyd's Rep. IR Plus 21

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.

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

[2021] Lloyd's Rep. IR Plus 22

Insurance (marine) – Credit risk insured under marine policy – Whether risk covered by policy – Duty of disclosure relating to existence of credit risk clause – Effect of non-avoidance clause – Misrepresentation – Duty to act reasonably to prevent losses – Suing and labouring clause – Whether brokers in breach of duty – Marine Insurance Act 1906, section 18(3).

TECHNOLOGY SWISS PTY LTD v AAI LTD, TRADING AS VERO INSURANCE

[2021] Lloyd's Rep. IR Plus 23

Insurance (marine) – Subrogation – Whether payment by insurer was for insured loss – Allocation of third-party recovery between insurer and assured.

TRAVELERS INSURANCE CO LTD v ARMSTRONG AND ANOTHER

[2021] Lloyd's Rep. IR Plus 24

Insurance (liability) – Privilege – Scope of joint retainer privilege – Rights of parties to joint retainer.

HOLMES v S & B CONCRETE LTD

[2021] Lloyd's Rep. IR Plus 25

Insurance (employers’ liability) – Personal injury claim – Employer company dissolved – Application to restore company to register – Limitation period – Limitation Act 1980, sections 11 and 33 – Companies Act 2006, sections 1029, 1030 and 1033 – Third Parties (Rights Against Insurers) Act 1930.

EQUITAS LTD AND ANOTHER v SANDE INVESTMENTS LTD AND OTHERS

[2021] Lloyd's Rep. IR Plus 26

Reinsurance – Lloyd’s brokers – Sub-agents appointed by brokers collecting reinsurance recoveries due to Lloyd’s Syndicates – Liability of sub-agents to Syndicates – Status of sub-agents – Implied contract of retainer – Duty of care in tort – Fiduciary duties – Unjust enrichment – Limitation of actions – Limitation Act 1980, sections 2, 5, 21 and 32.

LORD BISHOP OF LEEDS (THE RIGHT REVEREND NICHOLAS BAINES) AND ANOTHER v DIXON COLES & GILL (A FIRM) AND OTHERS THE GUIDE DOGS FOR THE BLIND ASSOCIATION AND OTHERS v BOX AND OTHERS SOLICITORS REGULATORY AUTHORITY (INTERVENER)

[2021] Lloyd's Rep. IR Plus 27

Insurance (professional indemnity) – Aggregation – Whether claims arising from one series of related acts or omissions could be aggregated – Whether two sets of claims arose from one series of related acts.

KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER

[2021] Lloyd's Rep. IR Plus 28

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

RE PRUDENTIAL ASSURANCE CO LTD AND ROTHESAY LIFE PLC

[2021] Lloyd's Rep. IR Plus 29

Insurance (transfer of business) – Sanction of court for transfer of annuity business – Financial Services and Markets Act 2000, Part VII.

RE SOCIETY OF LLOYD’S AND LLOYD’S INSURANCE CO SA

[2021] Lloyd's Rep. IR Plus 30

Insurance (regulation) – Transfer of insurance business – Post-Brexit arrangements for Lloyd’s – Conversion of reinsurance into retrocession – Financial Services and Markets Act 2000, section 112.

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

[2021] Lloyd's Rep. IR Plus 31

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

DANBOL PTY LTD v SWISS RE INTERNATIONAL SE AND OTHERS

[2021] Lloyd's Rep. IR Plus 32

Insurance (property) – Held covered – Insurers offering temporary cover following termination of policy – Whether offer binding on insurers – Acceptance by silence – Whether acceptance waived – Whether offer otherwise accepted.

MARKEL BERMUDA LTD v CAESARS ENTERTAINMENT INC

[2021] Lloyd's Rep. IR Plus 33

Insurance (business interruption) – Date when contract made – Whether policy contained arbitration clause – Whether policy superseded earlier agreement – Rectification – Anti-suit injunction – Senior Courts Act 1981, section 37.

NAGORSKI v NIKOLICS AND ANOTHER

[2021] Lloyd's Rep. IR Plus 34

Insurance (motor) – Obligation of insurer to satisfy judgment against driver – Effect of registration on Motor Insurer’s Database – Road Traffic Act 1988, section 151(2)(b).

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

[2021] Lloyd's Rep. IR Plus 35

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.

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

[2021] Lloyd's Rep. IR Plus 36

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.

GRANT v INTERNATIONAL INSURANCE COMPANY OF HANOVER LTD

[2021] Lloyd's Rep. IR Plus 37

Insurance (liability) – Coverage for liability for accidental injury to any person – Exclusion for deliberate acts – Whether death the result of a deliberate act – Whether there was wrongful arrest – Third Parties (Rights Against Insurers) Act 2010.

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

[2021] Lloyd's Rep. IR Plus 38

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.

HDI GLOBAL SPECIALTY SE AND ANOTHER v WONKANA NO 3 PTY LTD AND OTHERS [2020] NSWCA 296

[2021] Lloyd's Rep. IR Plus 39

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.

SILVERLINK RESORTS LTD v MS FIRST CAPITAL INSURANCE LTD

[2021] Lloyd's Rep. IR Plus 40

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

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

[2021] Lloyd's Rep. IR Plus 41

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.

LLR: Insurance & Reinsurance Plus