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LLR: Insurance & Reinsurance Plus RSS feed

CORPORIS SP Z O O 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 Plus 2

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

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.

[2021] Lloyd's Rep. IR Plus 4

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 Plus 5

HYPER TRUST LTD v FBD INSURANCE PLC

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

[2021] Lloyd's Rep. IR Plus 6

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

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.

[2021] Lloyd's Rep. IR Plus 7

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 Plus 8

CAFÉ CHAMELEON CC v GUARDRISK INSURANCE CO LTD

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

[2021] Lloyd's Rep. IR Plus 10

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

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 Plus 12

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 Plus 14

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 Plus 16

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 Plus 22

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 Plus 25

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 Plus 26

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 Plus 28

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

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.

[2021] Lloyd's Rep. IR Plus 30

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 Plus 32

MARKEL BERMUDA LTD v CAESARS ENTERTAINMENT INC

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.

[2021] Lloyd's Rep. IR Plus 33

NAGORSKI v NIKOLICS AND ANOTHER

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).

[2021] Lloyd's Rep. IR Plus 34

GRANT v INTERNATIONAL INSURANCE COMPANY OF HANOVER LTD

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.

[2021] Lloyd's Rep. IR Plus 37

SILVERLINK RESORTS LTD v MS FIRST CAPITAL INSURANCE LTD

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

[2021] Lloyd's Rep. IR Plus 40