We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

LLR: Insurance & Reinsurance RSS feed

AGEAS INSURANCE LTD v STOODLEY ADVANTAGE INSURANCE CO LTD (INTERVENING)

Insurance (motor) – Misrepresentation – Insurers avoiding policy for misrepresentation and obtaining a declaration – Application by other insurers to set declaration aside – Road Traffic Act 1988, section 152 – Consumer Insurance (Disclosure and Representations) Act 2012 – CPR 40.9.

[2019] Lloyd's Rep. IR 1

THE CULTURAL FOUNDATION AND ANOTHER v BEAZLEY FURLONGE LTD AND OTHERS

Insurance (liability) – Claims made and notified cover – Notification of circumstance – Knowledge of existence of circumstance – Scope of notification – Year into which notification fell – Defence costs – Third Parties (Rights Against Insurers) Act 1930.

[2019] Lloyd's Rep. IR 12

ADVANTAGE INSURANCE CO LTD v STOODLEY AND ANOTHER

Insurance (motor) – Liability of insurer to indemnify policyholder driving another vehicle – Notice of discontinuance – Road Traffic Act 1988, sections 145 and 148 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC – CPR Parts 8 and 38.

[2019] Lloyd's Rep. IR 71

ASPEN UNDERWRITING LTD v CREDIT EUROPE BANK NV

Conflict of laws – Jurisdiction – Hull and machinery policy – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clauses in settlement agreement and policy – Whether binding on mortgagee bank – Tort, delict or quasi-delict – Undisclosed principal – “Matters relating to insurance” – Place where harmful event occurred – Insurance – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 7, 10 and 14.

[2019] Lloyd's Rep. IR 78

FUNDO DE GARANTIA AUTOMÓVEL v ALINA ANTÓNIA DESTAPADO PÃO MOLE JULIANA AND ANOTHER

Insurance (motor) – Vehicle unused and uninsured – Vehicle borrowed without consent and involved in accident – Compensation paid by Compensation Body – Whether Compensation Body had subrogation action against registered owner – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2005/14/EC.

[2019] Lloyd's Rep. IR 155

MOBIS PARTS AUSTRALIA PTY LTD v XL INSURANCE CO SE

Insurance (property and business interruption) – Warehouse collapse in storm – Stock later lost by fire – Whether policy should be rectified to include financial limit for storm or hail damage – Whether loss of contents proximately caused by storm – Whether stock lost in storm had to be replaced before indemnity payable – Business interruption – Whether depreciation should be deducted from indemnity for loss of gross profit.

[2019] Lloyd's Rep. IR 162

PREZZO LTD v HIGH POINT ESTATES LTD

Insurance (property) – Subrogation – Landlord and tenant – Whether landlord covenanted to insure building for tenant – Whether landlord's insurers had subrogation rights against tenant.

[2019] Lloyd's Rep. IR 202

WALLETT v VICKERS

Insurance (motor) – Fatal accident while two cars were racing on a dual carriageway – Joint enterprise – Ex turpi causa – Apportionment of liability.

[2019] Lloyd's Rep. IR 205

ASPEN INSURANCE AND ANOTHER v SANGSTER & ANNAND LTD

Insurance (public liability) – Effect of exclusion clause – Whether reasonable care test to be implied – Whether causal link between breach and loss required – Whether public liability policy applied to contract claims.

[2019] Lloyd's Rep. IR 217

MANITOWOQ PLATINUM PTY LTD AND ANOTHER v WFI INSURANCE LTD

Insurance (liability) – Construction of policy – General condition requiring compliance with Australian standards – Whether requirement absolute or dependent on lack of reasonable care – Effect of breach.

[2019] Lloyd's Rep. IR 242

RSA INSURANCE PLC v ASSICURAZIONI GENERALI

Insurance (liability) – Limitation of actions – Contribution claim – Running of time for contribution – Civil Liability (Contribution) Act 1978 – Limitation Act 1980.

[2019] Lloyd's Rep. IR 264

DALAMD LTD v BUTTERWORTH SPENGLER COMMERCIAL LTD

Insurance (property damage and business interruption) – Brokers – Duties on placement of risk – Duties to advise on coverage – Claim against brokers where insurers deny liability – Causation – Whether insurers had defences independent of brokers’ breaches of duty.

[2019] Lloyd's Rep. IR 295

LEWIS v TINDALE AND OTHERS

Insurance (motor) – Compulsory insurance – Whether insurance required for use of vehicle on private land – Whether policy to be construed as covering such liability – Whether Motor Insurers’ Bureau liable to satisfy judgment – Whether EU law directly effective – Whether MIB was an emanation of the state – Road Traffic Act 1988, section 145 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

[2019] Lloyd's Rep. IR 324

PALLISER LTD v FATE LTD AND OTHERS

Insurance (liability) – Landlord and tenant – Whether landlord's policy covered liability for negligent damage to demised premises caused by landlord – Whether landlord immune from suit – Measure of damages – Third Parties (Rights Against Insurers) Act 2010.

[2019] Lloyd's Rep. IR 341

EQUITAS INSURANCE LTD v MUNICIPAL MUTUAL INSURANCE LTD

Reinsurance – Excess of loss – Mesothelioma – Insurers liable for full amount of claims in each year of coverage – Whether insurers could “spike” outward claims into any year of reinsurance – Implied terms – Utmost good faith – Exercise of discretion.

[2019] Lloyd's Rep. IR 359

MOTOR INSURERS’ BUREAU v LEWIS

Insurance (motor) – Compulsory insurance – Whether insurance required for use of vehicle on private land – Whether policy to be construed as covering such liability – Whether Motor Insurers’ Bureau liable to satisfy judgment – Whether EU law directly effective – Whether MIB was an emanation of the state – Road Traffic Act 1988, section 145 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

[2019] Lloyd's Rep. IR 390

R&S PILLING (T/A PHOENIX ENGINEERING) v UK INSURANCE LTD

Insurance (motor) – Assured setting fire to buildings while carrying out repairs on car – Whether policy covered liability – Whether liability caused by or arising out of use of vehicle on road or public place – Road Traffic Act 1988, section 145(3).

[2019] Lloyd's Rep. IR 404

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

Insurance (marine) – Vessel damaged by fire – Measure of indemnity – Constructive total loss – What costs counting towards calculation of measure of indemnity – Meaning of “cost of repairing the damage” – Hold harmless doctrine – Effect of notice of abandonment – Whether salvage costs incurred prior to notice of abandonment could be included – Whether costs incurred under SCOPIC clause counting towards constructive total loss – Marine Insurance Act 1906, sections 60 and 62.

[2019] Lloyd's Rep. IR 415

R & B DIRECTIONAL DRILLING PTY LTD AND ANOTHER v CGU INSURANCE LTD (NO 2)

Insurance (liability) – Defective installation of metal sleeve allowed concrete to penetrate conduits for cables – Whether physical damage to metal sleeve – Exclusion for property under assured's control – Exclusion for faulty workmanship – Exclusion for assumed liability.

[2019] Lloyd's Rep. IR 438

RANDGOLD RESOURCES LTD AND ANOTHER v SANTAM LTD AND ANOTHER

Reinsurance – Cut-through clause – Claims control clause – Dispute between assured and insurers – Whether assured entitled to seek a declaration of the liability of the reinsurers to the insurers – Conditions for declaratory relief – Effect of Contracts (Rights of Third Parties) Act 1999.

[2019] Lloyd's Rep. IR 467

COLLEY v SHUKER AND OTHERS

Insurance (motor) – Avoidance of policy for breach of duty of fair presentation – Compatibility with EU law – Extension of time for service of claim form – Road Traffic Act 1988, section 151(2) – Consumer Insurance (Disclosure and Representations) Act 2012 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC – Civil Procedure Rules, Part 7.

[2019] Lloyd's Rep. IR 503

KABOKO MINING LTD v VAN HEERDEN (NO 3)

Insurance (Directors’ and Officers’ liability) – Exclusion for any claim related to company's insolvency – Causation – Scope of exclusion.

[2019] Lloyd's Rep. IR 515

LACKEY v MALLORCA MEGA RESORTS SL AND ANOTHER

Insurance (liability) – Claimant injured in hotel in Spain – Whether claimant could sue insurers in England – Whether hotel could be joined to English proceedings – Insurance jurisdiction rules – Whether victim contracted as consumer – Brussels Regulation Recast, Regulation (EU) 1215/2012, articles 13, 17 and 18.

[2019] Lloyd's Rep. IR 525

MCKEEVER v NORTHERNREEF INSURANCE CO SA

Insurance (marine) – Perils of the seas – Piracy – Suing and labouring – Breach of warranty – Unseaworthiness – Negligence – Marine Insurance Act 1906, sections 33, 39, 55 and schedule 1, rule 7.

[2019] Lloyd's Rep. IR 535

XU AND ANOTHER v IAG NEW ZEALAND LTD

Insurance (property) – Sale of damaged house and assignment of proceeds of insurance – Amount recoverable from insurers by purchaser – Whether right to rebuild assignable.

[2019] Lloyd's Rep. IR 552

AIG AUSTRALIA LTD v KABOKO MINING LTD

Insurance (Directors’ and Officers’ liability) – Exclusion for loss arising from a claim arising out of, based upon or attributable to the actual or alleged insolvency of the company – Claims against directors for breach of fiduciary and other duties leading to loss of commercial opportunity – Whether claims fell within the insolvency exclusion.

[2019] Lloyd's Rep. IR 575