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RITCHIE v ADVANCED PLUMBING AND DRAINS PTY LTD AND ANOTHER
[2023] Lloyd's Rep IR Plus 1
Insurance (public liability) – Third-party claim against insurers following assured’s liquidation – Scope of insured business – Obligation to take reasonable care – Construction of welding endorsement.
THE RUGBY FOOTBALL UNION v CLARK SMITH PARTNERSHIP LTD AND ANOTHER
[2023] Lloyd's Rep IR Plus 2
Insurance (construction) – Subrogation – Agreement between employer and contractor for joint names insurance – Subrogation action against contractor – Whether contractor immune from proceedings – Effect of agreement – Subrogation waiver clause.
THE ESTATE OF ARBABBAHRAMI v MSH INTERNATIONAL (CANADA) LTD AND OTHERS
[2023] Lloyd's Rep IR Plus 3
Insurance (life and accident) – Assured killed when aircraft brought down by Iranian missiles – Policy exclusion for war, undeclared war and military or usurped power – Whether exclusions applied.
ROYAL & SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS
[2023] Lloyd’s Rep. IR Plus 4
Insurance (professional indemnity) – Arbitration – Jurisdiction – Serious irregularity – Error of law – Arbitration Act 1996, sections 33, 67, 68 and 69.
IAG NEW ZEALAND LTD v SHAW
[2023] Lloyd's Rep IR Plus 5
Insurance (property) – Motorhome taken in family dispute – Ownership of motorhome contested – Whether motorhome physically lost.
JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS
[2023] Lloyd’s Rep. IR Plus 6
Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured's failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty – Marine Insurance Act 1908 (NZ), section 34.
DC BARS LTD AND ANOTHER v QIC EUROPE LTD
[2023] Lloyd's Rep IR Plus 7
Insurance (business interruption) – Arbitration – Clause requiring arbitration of quantum disputes – Whether dispute purely about quantum – Stay of proceedings – Arbitration Act 1996, section 9.
AL MANA LIFESTYLE TRADING LLC AND OTHERS v UNITED FIDELITY INSURANCE CO PSC AND OTHERS
[2023] Lloyd's Rep. IR Plus 8
Insurance (business interruption) – Jurisdiction – Construction of jurisdiction clause – Exclusive or non-exclusive – Whether clause provided a true alternative or a fall-back.
THERA AGRI CAPITAL NO 2 PTY LTD v BCC TRADE CREDIT PTY LTD
[2023] Lloyd's Rep IR Plus 9
Insurance (trade credit) – Assured agreed to finance purchase of commodities using Sharia-compliant Murabaha arrangement – Borrower used sums to purchase different commodities – Murabaha arrangement not followed – Whether insurers liable for bad debt under trade credit policy.
BCC TRADE CREDIT PTY LTD v THERA AGRI CAPITAL NO 2 PTY LTD
[2023] Lloyd's Rep IR Plus 10
Insurance (trade credit) – Assured agreed to finance purchase of commodities using Sharia-compliant Murabaha arrangement – Borrower used sums to purchase different commodities – Murabaha arrangement not followed – Whether insurers liable for bad debt under trade credit policy.
QUADRA COMMODITIES SA v XL INSURANCE COMPANY SE AND OTHERS
[2023] Lloyd's Rep IR Plus 11
Insurance (marine) – Cargo claim – Insurable interest – Unascertained part of identified bulk – Sale of Goods Act 1979, section 20A.
F M CONWAY LTD v THE RUGBY FOOTBALL UNION AND OTHERS
[2023] Lloyd's Rep. IR Plus 12
Insurance (construction) - Composite insurance - Subrogation - Agreement between employer and contractor for joint names insurance - Subrogation action against contractor - Whether contractor immune from proceedings - Effect of agreement - Subrogation waiver clause.
ERS SYNDICATE 218 AT LLOYDS v MOTORSHIFTER LTD AND ANOTHER
[2023] Lloyd's Rep. IR Plus 13
Insurance (motor) - Policy Schedule insuring only vehicles driven under trade plates for business purposes - Policy Certificate covering all uses - Vehicle driven by assured's employee for private purposes - Whether priority to be given to Schedule over Certificate.
STONEGATE PUB CO LTD v MS AMLIN CORPORATE MEMBER LTD AND OTHERS
[2023] Lloyd's Rep. IR Plus 14
Insurance (business interruption) – Covid-19 – Triggers for coverage – Aggregation of losses by reference to “occurrence” – Causation –Whether losses after expiry of policy but within the indemnity period were caused by events in the policy period – Additional Increased Cost of Working – Subrogation and deduction of benefits received from the state.
ALLIANZ INSURANCE PLC v UNIVERSITY OF EXETER
[2023] Lloyd's Rep IR Plus 15
Insurance (property) – War risks exclusion – Unexploded bomb discovered – Controlled explosion damaged insured property – Whether exclusion applied.
RE ZURICH INSURANCE PLC
[2023] Lloyd's Rep IR Plus 16
Insurance – Transfer of insurance business – Financial Services and Markets Act 2000, sections 107, 109 and 111.
INCHCAPE AUSTRALIA LTD v CHUBB INSURANCE AUSTRALIA LTD
[2023] Lloyd's Rep IR Plus 17
Insurance (electronic and computer crime) – Assured suffering ransomware attack – Scope of cover under policy – Whether heads of cover were independent – Whether indemnity limited to replacement cost of blank media and transcription of data.
BRIAN LEIGHTON (GARAGES) LTD v ALLIANZ INSURANCE PLC
[2023] Lloyd's Rep IR Plus 18
Insurance (property) – Proximate cause – Pipe punctured by sharp object – Oil escaping and damaging premises – Policy excluded loss “caused by pollution or contamination” – Whether pollution of contamination was proximate cause of loss – Marine Insurance Act 1906, section 55.
RE PHOENIX LTD
[2023] Lloyd's Rep IR Plus 19
Insurance (transfer of insurance business) – Financial Services and Markets Act 2000, sections 107 and 111 – Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 710) – Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001 (SI 2001 No 3625).
DASSAULT AVIATION SA v MITSUI SUMITOMO INSURANCE CO LTD
[2023] Lloyd's Rep IR Plus 20
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.
AON UK LTD v LAMIA CORPORATION SRL AND OTHERS TOKIO MARINE KILN SYNDICATES LTD AND OTHERS v BISA SEGUROS Y REASEGUROS AND OTHERS
[2023] Lloyd's Rep IR Plus 21
Reinsurance – Conflict of laws – Anti-suit injunction – Quasi-contractual claim against brokers – Whether claim under Florida law against reinsurers vexatious and oppressive.
PIZZAEXPRESS GROUP LTD AND OTHERS v LIBERTY MUTUAL INSURANCE EUROPE SE AND ANOTHER
[2023] Lloyd's Rep IR Plus 22
Insurance (business interruption) – Extensions to cover – Sub-limits – Whether aggregation clause applied to sub-limits.
BELLINI (N/E) LTD v BRIT UW LTD
[2023] Lloyd's Rep IR Plus 23
Insurance (business interruption) – Material damage – Contagious disease extension – Whether assured had to prove material damage to trigger contagious disease extension.
FONDS DE GARANTIE DES VICTIMES DES ACTES DE TERRORISME AND D’AUTRES INFRACTIONS v VICTORIA SEGUROS SA
[2023] Lloyd's Rep IR Plus 24
Insurance – Conflict of laws – Limitation of actions – Subrogation – Rome II Regulation, Regulation (EC) No 864/2007.
KESTENBERG SIEGAL LIPKUS v ROYAL & SUN ALLIANCE INSURANCE CO AND OTHERS
[2023] Lloyd's Rep IR Plus 25
Insurance (liability) – Claims made and notified policy – Whether obligation to notify the insurers of claims within the policy period was a condition precedent.
PRESTIGE FORM GROUP NSW PTY LTD v QBE EUROPEAN OPERATIONS PLC
[2023] Lloyd's Rep IR Plus 26
Insurance (contractors’ liability) – Exclusion for damage to contract works – Whether exclusion was limited to contract works owned by or in assured’s possession.
RITCHIE v INSURANCE AUSTRALIA LTD
[2023] Lloyd's Rep IR Plus 27
Insurance (public liability) – Fire caused by sparks from power cutter – Policy exclusion for operation of spark-producing equipment – Whether exclusion applied.
SKY UK LTD AND ANOTHER v RIVERSTONE MANAGING AGENCY LTD AND OTHERS
[2023] Lloyd's Rep IR Plus 28
Insurance (construction all risks) – Co-insurance – Meaning of “damage” – Investigation costs – Timing of coverage – Aggregation.
GUETERBOCK AND ANOTHER v MACPHAIL AND ANOTHER HENDERSON COURT LTD ALLIANZ INSURANCE PLC
[2023] Lloyd's Rep IR Plus 29
Insurance (public liability) – Trespass committed by building works – Insurance cover for “accidental” trespass – Meaning of “accidental” – Whether assured had been reckless.
POLLADIO HOLDINGS LTD v THE NEW INDIA ASSURANCE CO LTD
[2023] Lloyd's Rep. IR Plus 30
Insurance (property) – Causation – Concurrent causes – Rust exclusion – Marring exclusion – Claims condition – Fraudulent claim.
ROYAL AND SUN ALLIANCE INSURANCE LTD AND OTHERS v TUGHANS
[2023] Lloyd's Rep IR Plus 31
Insurance (professional indemnity) – Solicitors – Composite policy – Scope of cover – Claim against solicitors representing amount of fees – Entitlement to fees – Restitutionary claims – Whether claim within policy.
DISCOVERY LAND CO LLC AND OTHERS v AXIS SPECIALTY EUROPE SE
[2023] Lloyd's Rep IR Plus 32
Insurance (professional indemnity) – Solicitor’s liability – Fraud exclusion – Whether innocent partner condoned fraud of guilty partner – Aggregation – Whether two frauds constituted one claim.
TECHNIP SAUDI ARABIA LTD v MEDITERRANEAN AND GULF COOPERATIVE INSURANCE AND REINSURANCE CO
[2023] Lloyd's Rep IR Plus 33
Insurance (liability) – Maritime construction project – Co-insurance – Effect of settlement reached without consent of insurers – Meaning of “Existing Property” exclusion – Quantum.
CHUBB INSURANCE SINGAPORE LTD v SIZER METALS PTE LTD
[2023] Lloyd's Rep IR Plus 34
Marine cargo insurance – All risks cover – Theft of cargo – Dispute as to whether cargo was lost before or during course of transit – Burden of proof – Institute Cargo Clauses (A).
FKP COMMERCIAL DEVELOPMENTS PTY LTD AND ANOTHER v ZURICH AUSTRALIAN INSURANCE LTD
[2023] Lloyd's Rep IR Plus 35
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.
ALI v HSF LOGISTICS POLSKA SP ZOO
[2023] Lloyd's Rep IR Plus 36
Insurance (motor) – Credit hire charges – Claimant’s car not possessing MOT certificate – Illegality - Causation – Whether credit hire charges recoverable.
NAPIER CITY COUNCIL v LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LTD
[2023] Lloyd's Rep IR Plus 37
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
[2023] Lloyd's Rep IR Plus 38
Insurance (liability) – Exclusion for claims arising out of watertightness – Whether exclusion applied to mixed claims.
CRONOS GROUP INC v ASSICURAZIONI GENERALI SPA
[2023] Lloyd's Rep IR Plus 39
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.
SYT CONSULTANTS PTE LTD v QBE INSURANCE (SINGAPORE) PTE LTD
[2023] Lloyd's Rep IR Plus 40
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.
VARIOUS EATERIES TRADING LTD v ALLIANZ INSURANCE PLC
[2023] Lloyd's Rep IR Plus 41
Insurance (business interruption) – Covid-19 – Triggers of coverage – Commencement of indemnity period – Recoverability of losses after expiry of policy – Causation - Aggregation.
GREGGS PLC v ZURICH INSURANCE PLC
[2023] Lloyd's Rep. IR Plus 42
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
[2023] Lloyd's Rep. IR Plus 43
Insurance – Subrogation – Claimant providing workers for construction project – Whether claimant entitled to benefit of liability policy – Agency – Sub-contractor – Assumption of responsibility.