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LLR: Insurance & Reinsurance RSS feed

HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD

Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, sections 24 and 33.

[2021] Lloyd's Rep. IR 1

SARFRAZ v AKHTAR AND ANOTHER

Insurance (motor vehicle) – Compulsory insurance – Striking out – Summary judgment – Assured injured while a passenger in his own car – Whether car unlawfully taken – Whether assured permitting himself to be carried – Road Traffic Act 1988, sections 151(2) and 151(4).

[2021] Lloyd's Rep. IR 121

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

General average – Vessel seized 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.

[2021] Lloyd's Rep. IR 127

IRWELL INSURANCE CO LTD v WATSON AND OTHERS

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.

[2021] Lloyd's Rep. IR 145

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

Insurance (liability) – Aggregation – Limit of indemnity applied to all losses arising from one original cause – Two groups of patients subjected to misconduct by one surgeon – Whether one or two original causes.

[2021] Lloyd's Rep. IR 182

CORPORIS SP ZOO v GEFION INSURANCE A/S

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.

[2021] Lloyd's Rep. IR 226

GEMMELL v KSL HAIR LTD AND OTHERS

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

[2021] Lloyd's Rep. IR 233

MOORE v IAG NEW ZEALAND LTD

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

[2021] Lloyd's Rep. IR 244

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

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).

[2021] Lloyd's Rep. IR 283

HOLMES v S & B CONCRETE LTD

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.

[2021] Lloyd's Rep. IR 337

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 (NO 2)

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.

[2021] Lloyd's Rep. IR 344

KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER

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.

[2021] Lloyd's Rep. IR 401

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

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).

[2021] Lloyd's Rep. IR 467

DANBOL PTY LTD v SWISS RE INTERNATIONAL SE AND OTHERS

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.

[2021] Lloyd's Rep. IR 537

EQUITAS LTD AND ANOTHER v SANDE INVESTMENTS LTD AND OTHERS

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.

[2021] Lloyd's Rep. IR 553