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LEXINGTON INSURANCE CO AND OTHERS v MULTINACIONAL DE SEGUROS SA

[2009] Lloyd's Rep IR 1

Reinsurance - Claims cooperation clause expressed to be condition precedent - Reinsurers denying liability for breach of condition but continuing to negotiate with reinsured - Whether reinsured subsequently in breach of condition by waiving a time bar defence against the assured - Authority of reinsured’s agent - Whether reinsurers had waived compliance with the claims condition.

RAMCO LTD AND ANOTHER v WELLER RUSSELL & LAWS INSURANCE BROKERS LTD

[2009] Lloyd's Rep IR 27

Insurance broker - Policy placed for bailee - Policy covering losses only where bailee faced liability for goods - Whether brokers in breach of duty - Measure of damages.

BEDFORDSHIRE POLICE AUTHORITY v CONSTABLE

[2009] Lloyd's Rep IR 39

Insurance - Statutory obligation of police to pay compensation for damage caused to property by riot - Whether liability of police covered by public liability policy - Riot (Damages) Act 1886.

GREENE WOOD & MCLEAN v TEMPLETON INSURANCE LTD

[2009] Lloyd's Rep IR 61

Insurance (after the event) - Conflict of laws - Claim form served outside the jurisdiction - Whether action had reasonable prospects of success - Whether claim form should be set aside for material non-disclosure.

ALLIANZ INSURANCE CO EGYPT v AIGAION INSURANCE CO SA

[2009] Lloyd's Rep IR 69

Reinsurance (marine) - Inception of risk - Deferred premium clause - Whether reinsurance void for uncertainty - Effect of late payment of premium - Marine Insurance Act 1906, section 53(1).

MARKEL INTERNATIONAL INSURANCE CO LTD v SURETY GUARANTEE CONSULTANTS LTD AND OTHERS QBE INSURANCE (EUROPE) LTD AND ANOTHER v SURETY GUARANTEE CONSULTANTS LTD AND OTHERS

[2009] Lloyd's Rep IR 77

Insurance - Underwriting agent - Binding authorities - Agent issuing surety bonds in excess of financial and geographical limits permitted by agency agreements - Liability of agency and of its controllers and employees - Whether individuals owed fiduciary duties to insurers - Conspiracy to injure - Knowing assistance with breach of fiduciary duty - Inducing breach of contract.

HARRIS & OTHERS v SOCIETY OF LLOYD’S ADAMS v SOCIETY OF LLOYD’S

[2009] Lloyd's Rep IR 119

Lloyd’s - Rights of representation - Courts and Legal Services Act 1990, section 27 - Claim by Name against Society - Allegation of fraudulent misrepresentation and breach of fiduciary duty - Whether proceedings should be struck out for abuse of process - Whether claims time-barred - Whether action barred by legislation - Lloyd’s Act 1982, section 14 - Limitation Act 1980, sections 2 and 32.

MALIK v MONEYWISE INVESTMENTS PLC

[2009] Lloyd's Rep IR 141

Insurance (property) - Broker - Insurers avoiding policy - Whether relevant information given by assured to broker - Whether brokers under duty to explain policy wording to assured - Causation.

PRATT v AIGAION INSURANCE CO SA

[2009] Lloyd's Rep IR 149

Insurance (marine) - Time policy on fishing trawler - Warranty requiring skipper and crew member to be on board at all times - Vessel catching fire with no crew on board - Whether breach of warranty.

MOPANI COPPER MINES PLC v MILLENNIUM UNDERWRITING LTD

[2009] Lloyd's Rep IR 158

Reinsurance - Slip scratched for Construction/Erection and Operational Risks - Condition for extension of coverage running from date of commissioning of final building and for operational risks inserted subject to approval by reinsurers - Condition later agreed with deletion of cover for operational risks - Whether contract included operational risks - Whether deletion could be used as aid to interpretation of slip.

HLB KIDSONS AND OTHERS v LLOYD’S UNDERWRITERS SUBSCRIBING TO POLICY 621/PKID00101 AND OTHERS

[2009] Lloyd's Rep IR 178

Insurance (professional indemnity) - Policies requiring assured to give notice in writing as soon as practicable of any circumstances of which it became aware - Whether assured became aware of circumstances - Whether valid notification given to underwriters - Whether clause constituted a condition precedent to underwriters’ liability.

RE WHITELEY INSURANCE CONSULTANTS

[2009] Lloyd's Rep IR 212

Insurance - Intermediary carrying on insurance business without authorisation to do so - Intermediary becoming insolvent - Valuation of claims against intermediary - Financial Services and Markets Act 2000, sections 19, 20, 26 and 28 - Insurers (Winding up) Rules 2001.

EQUITAS LTD v ALLSTATE INSURANCE CO [2008] EWHC 1671 (Comm)

[2009] Lloyd's Rep. IR 227

Reinsurance - Conflict of laws - Dispute between reinsured and excess of loss reinsurers in arbitration in the US - Further dispute between excess of loss reinsurers and quota share reinsurers - QS reinsurers commencing judicial proceedings in England - Whether English proceedings should be stayed on case management grounds.

KAMIDIAN v HOLT AND OTHERS [2008] EWHC 1483 (Comm)

[2009] Lloyd's Rep. IR 242

Insurance (fine art) - Dr Metzger Egg Clock loaned to gallery under loan agreement - Clock sustaining damage in transit - Further damage discovered after return journey - Whether claimant had title to sue insurers - Whether claimant guilty of misrepresentation in respect of provenance of clock - Whether claimant under a duty to disclose doubts as to provenance - Bailment - Whether claimant entitled to recover in bailment or under loan agreement from borrower or from co-curators - Measure of damages.

EMPLOYERS’ LIABILITY POLICY TRIGGER LITIGATION DURHAM v BAI (RUN OFF) LTD (LEAD CASE 1) FLEMING & EDDLESTON v INDEPENDENT INSURANCE CO LTD (LEAD CASE 2) EDWARDS v EXCESS INSURANCE CO LTD (LEAD CASE 3) THOMAS BATES & SON LTD v BAI (RUN OFF) LTD (LEAD CASE 4) AKZO NOBEL UK LTD & AMEC PLC v EXCESS INSURANCE CO LTD (LEAD CASE 5) MUNICIPAL MUTUAL INSURANCE LTD v ZURICH INSURANCE CO LTD (LEAD CASE 6)

[2009] Lloyd's Rep. IR 295

Insurance — Employers’ liability — Trigger of coverage — Claims by employees against employers for mesothelioma following exposure to asbestos — Employers insured under employers’ liability policies covering liability in respect of injury or disease sustained during currency of policy — Whether policy applied to exposure or to injury — Employers’ Liability (Compulsory Insurance) Act 1969.

UNDERWRITING MEMBERS OF LLOYD’S SYNDICATE 980 v SINCO SA

[2009] Lloyd's Rep. IR 365

Insurance — Binding authority — Conflict of laws — Binding authority given to Greek brokers and containing exclusive arbitration clause — Proceedings commenced in England by underwriters but not served — Proceedings commenced by brokers in Greece — New claim for breach of jurisdiction clause added to original English action — Whether new claim should be stayed — Brussels Regulation, Council Regulation 44/2001, articles 27 and 30.

AGHEAMPONG v ALLIED MANUFACTURING (LONDON) LTD

[2009] Lloyd's Rep. IR 379

Insurance (motor) — Claimant using vehicle uninsured — Vehicle damaged by defendants — Claim by claimant for costs of hiring replacement vehicle — Whether claim barred by ex turpi causa principle — Admissibility of hearsay evidence — Civil Evidence Act 1995, sections 1, 2 and 9.

LIMIT NO 2 LTD v AXA VERSICHERUNG AG

[2009] Lloyd's Rep. IR 396

Reinsurance — Treaty — Misrepresentation and non-disclosure — Reinsurance of construction risks — Reinsurers told that reinsured’s policy was normally to write risks with a deductible of at least £500,000 — Whether material misstatement — Whether material to risk — Whether treaty and endorsement could be avoided — Whether reinsured made continuing representation — Marine Insurance Act 1906, section 20(6).

YOUELL & OTHERS v LA REUNION AERIENNE & OTHERS

[2009] Lloyd's Rep. IR 405

Insurance — Co-insurance agreement — Dispute as to whether London insurers bound to indemnify French insurers — Action by London insurers for declaration — Whether English court possessed jurisdiction — Whether dispute a matter relating to insurance or relating to arbitration — European Parliament and Council Regulation 44/2001, articles 1, 5 and 8.

ACE CAPITAL LTD v CMS ENERGY CORPORATION

[2009] Lloyd's Rep. IR 414

Insurance (political risks)- Conflict of laws - Arbitration - Policy containing English arbitration clause and US service of suit clause - Assured commencing proceedings in Michigan - Underwriters seeking anti-suit injunction - Whether assured obliged to go to arbitration.

MARKEL CAPITAL LTD v GOTHAER ALLGEMEINE VERSICHERUNG AG AND ANOTHER

[2009] Lloyd's Rep. IR 433

Reinsurance — Directors’ and officers’ cover — Whether claims cooperation clause incorporated into reinsurance agreement — Whether reinsureds in breach of clause — Summary judgment.

ASPEN INSURANCE UK LTD AND OTHERS v PECTEL LTD

[2009] Lloyd's Rep. IR 440

Insurance (liability) — Claims condition requiring immediate notification of any occurrence which may give rise to a claim — Liability of insurers conditional on compliance with all conditions — Whether assured in breach of condition — Whether condition operated as condition precedent to liability.

MCCALL AND OTHERS v POULTON AND ANOTHER

[2009] Lloyd's Rep. IR 454

Insurance (motor) — Claimant incurring hire charges for replacement vehicle — Claimant indemnified by insurers — Defendant uninsured — Subrogation action by claimant’s insurers under Motor Insurers’ Bureau Uninsured Drivers Agreement — Whether agreement to be construed in accordance with Second Motor Insurance Directive, 84/5/EEC — Whether MIB “emanation of the state” so that Directive directly effective.

DUNLOP HAYWARDS (DHL) LTD ERINACEOUS COMMERCIAL PROPERTY SERVICES LTD v ERINACEOUS INSURANCE SERVICES LTD LOCKTON COMPANIES INTERNATIONAL LTD (PART 20 DEFENDANT) MSI CORPORATE CAPITAL LTD (INTENDED PART 20 DEFENDANT)

[2009] Lloyd's Rep. IR 464

Insurance (professional indemnity) — Instructions to renew given by producing brokers to placing brokers — Policy confining cover to Commercial Property Management — Claim by assured against producing brokers — Whether insurers should be joined to proceedings — Whether policy should be rectified.

KOREA NATIONAL INSURANCE CORPORATION v ALLIANZ GLOBAL CORPORATE & SPECIALITY AG

[2009] Lloyd's Rep. IR 480

Reinsurance — Conflict of laws — Judgment obtained by reinsured against reinsurers in North Korea — Application to English courts for enforcement of judgment — Whether English court precluded from hearing allegations of fraud in obtaining judgment — Allegations of intervention by Head of State — Doctrine of non-justiciability.

REILLY v NATIONAL INSURANCE AND GUARANTEE CORPORATION LTD

[2009] Lloyd's Rep. IR 488

Insurance — Products liability — Failure of fire extinguishing system to put out a fire — Exclusion in policy for failure of machinery — Whether system was “machinery” — Whether policy covered failure of any machinery or just machinery relating to fire and intruder alarms.

MADEN v HALLER

[2009] Lloyd's Rep. IR 496

Insurance (motor) — Vehicle damaged by defendant’s negligence — Claimant entering into hiring agreement for replacement car — Defendant’s insurers offering replacement car free — Whether claimant failing to mitigate by refusing offer.

GREENE WOOD & MCCLEAN LLP v TEMPLETON INSURANCE LTD

[2009] Lloyd's Rep. IR 505

Insurance (after the event) — Conflict of laws — Claim form served outside the jurisdiction — Whether action had reasonable prospects of success — Whether claim form should be set aside for material non-disclosure.

GLOBAL PROCESS SYTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE “CENDOR MOPU”)

[2009] Lloyd's Rep. IR 511

Insurance (marine) — Institute Cargo Clauses (A) — All risks cover — Oil rig damaged in course of being transported — Causation — Whether loss inevitable — Whether loss caused by inherent vice.

ALLIANZ INSURANCE CO EGYPT v AIGAION INSURANCE COMPANY SA (NO 2) (THE “OCEAN DIRK”)

[2009] Lloyd's Rep. IR 533

Reinsurance — Formation of contract — Parties agreeing to include warranty — Slip did not include IACS class warranty — Reinsurers accepting slip — Whether there was a contract between the parties.

DORNOCH LTD AND OTHERS v WESTMINSTER INTERNATIONAL BV AND OTHERS

[2009] Lloyd's Rep. IR 540

Insurance (marine) — Underwriters making payment for constructive total loss — Assured selling vessel to third party — Dispute as to underwriters’ salvage rights — Whether all underwriters should be joined to the proceedings — Brussels Regulation (EC) No 44/2001, articles 6 and 24, Civil Procedure Rules, rule 19.2.

TEMPLE LEGAL PROTECTION LTD v QBE INSURANCE (EUROPE) LTD

[2009] Lloyd's Rep. IR 544

Insurance (after the event) — Binding authority — Underwriting agent authorised to write ATE insurance for insurers — Underwriting agent entering into coverholder agreements with solicitors empowering them to issue insurance to clients — Binder terminated for alleged breach — Whether underwriting agent authorised to carry on run-off business after termination.

ANSARI v NEW INDIA ASSURANCE LTD

[2009] Lloyd's Rep. IR 562

Insurance — Buildings — Insurance against fire — Policy term removing cover in the event of any material alteration to buildings or to facts stated in proposal form — Non-invalidation clause permitting recovery if assured unaware of alteration — Sprinkler system not operative and tenant changing use of buildings — Whether breach of policy term — Whether assured could rely on non-invalidation clause.

DORNOCH LTD AND OTHERS v WESTMINSTER INTERNATIONAL BV AND OTHERS (THE "WD FAIRWAY")

[2009] Lloyd's Rep. IR 573

Insurance (marine) - Vessel becoming constructive total loss - Insurers not accepting notice of abandonment but making payment for constructive total loss - Vessel sold by assured to third party before all of insurers had decided to take over the vessel - Effect of sale - Rights of insurers - Applicable law - Marine Insurance Act 1906, sections 62, 63 and 79.

BEDFORDSHIRE POLICE AUTHORITY v CONSTABLE

[2009] Lloyd's Rep. IR 607

Insurance — Statutory obligation of police to pay compensation for damage caused to property by riot — Whether liability of police covered by public liability policy — Riot (Damages) Act 1886.

CAVELL USA INC AND ANOTHER v SEATON INSURANCE CO AND ANOTHER

[2009] Lloyd's Rep. IR 616

Insurance — Run-off — Claimant managed run-off of defendant insurers — Agreement terminating run-off and exempting claimant from most claims other than fraud — Exclusive jurisdiction clause in favour of England — Claim brought in New York — Whether fraud claim within exclusive jurisdiction clause.

RE EQUITAS LTD

[2009] Lloyd's Rep. IR 642

Insurance — Transfer of business — Application for waiver of publicity requirements — Whether court possessed jurisdiction — Financial Services and Markets Act 2000, sections 107 and 109 — Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001.

INSURANCEWIDE.COM SERVICES LTD v COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS

[2009] Lloyd's Rep. IR 645

Insurance - Brokers and agents - Company providing price comparison website - Whether company liable to pay VAT on its activities - Exemption from VAT for the services of an insurance broker or insurance agent - Value Added Tax Act 1994, schedule 9, item 4.

MAHER AND ANOTHER v GROUPAMA GRAND EST

[2009] Lloyd's Rep. IR 659

Insurance (motor) — Direct action against insurers — English victim injured in France by French tortfeasor — Policy governed by French law — Action brought against insurers in England — Whether damages to be assessed under English law or French law — Whether pre-judgment interest to be governed by English law or French law.

KNIGHT v AXA ASSURANCES

[2009] Lloyd's Rep. IR 667

Insurance (motor) — Direct action against insurers — English victim injured in France by French tortfeasor — Policy governed by French law — Action brought against insurers in England — Whether damages to be assessed under English law or French law — Whether pre-judgment interest to be governed by English law or French law.

WASA INTERNATIONAL INSURANCE CO AGF INSURANCE LTD v LEXINGTON INSURANCE CO

[2009] Lloyd's Rep. IR 675

Reinsurance — Facultative policy — Insurers covering liability against pollution losses for three-year period — Reinsurance taken out on same terms and conditions for 36 months — US courts ruling that insurers were liable for losses going back many years — Whether reinsurers liable to indemnify reinsured — Back-to-back cover — Meaning of deductible clause.

LAKER VENT ENGINEERING LTD v TEMPLETON INSURANCE LTD

[2009] Lloyd's Rep. IR 704

Insurance (legal expenses) — Assured in dispute with third party prior to renewal of policy — Whether dispute was a material fact — Whether there was proof of inducement — Whether assured’s claim was out of time.

LLR: Insurance & Reinsurance