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ALDRICH, DAY, CIVARDI, BIGGS AND ORS v NORWICH UNION LIFE INSURANCE COMPANY LTD NORWICH UNION LIFE INSURANCE SOCIETY v QURESHI AND QURESHI HEALTH CONSULTING COMPANY LTD (THIRD PARTY)

[2000] Lloyd's Rep IR 1

Property Backed Guarantee Plan for Lloyd’s Names - Life insurance, mortgage and guarantee - Guarantor paying Names’ debts to Lloyd’s under guarantee - Names in default of mortgage and premium payments under Plan - Whether Plan enforceable - Whether guarantor owed duty of disclosure as to financial position at Lloyd’s - Whether Financial Services Act 1986, section 47 rendered Plan illegal - Whether section 47 conferred civil remedy on Names.

ANECO REINSURANCE UNDERWRITING LTD (IN LIQUIDATION) v JOHNSON & HIGGINS LTD

[2000] Lloyd's Rep IR 12

Reinsurance - Insurance brokers - Non-disclosure and misrepresentation - Brokers placed claimants’ excess of loss reinsurance contracts with underwriters - Arbitrators held underwriters entitled to avoid cover - Claimants claimed damages from brokers for breach of contract and negligence - Measure of damages.

GARROW v SOCIETY OF LLOYD’S

[2000] Lloyd's Rep IR 38

Lloyd’s - Names owing sums to Equitas for reinsurance premium - “Pay now sue later” clause - Name bringing claim for fraud - Whether statutory demand served on Name for reinsurance premium should be set aside.

KLER KNITWEAR LTD v LOMBARD GENERAL INSURANCE COMPANY LTD

[2000] Lloyd's Rep IR 47

Insurance (property and business interruption) - Sprinkler installations warranty - Inspection not taking place on time - Whether clause a warranty or a suspensory condition - Whether subsequent inspection had been carried out.

NORMAN (JANET MARY) v AZIZ (MOHAMMED)

[2000] Lloyd's Rep IR 52

Insurance (motor vehicle) - Road Traffic Act 1988, section 143(1)(b) - Whether person causing or permitting another without insurance to use a vehicle on a road was liable for breach of statutory duty - Effect of Motor Insurers Bureau Agreements - Effect of EC Second Motor Insurance Directive 1983.

STRUCTURAL POLYMER SYSTEMS LTD; STRUCTURAL POLYMER TECHNOLOGIES LTD v BROWN (ON BEHALF OF SYNDICATE 702 AT LLOYD’S)

[2000] Lloyd's Rep IR 64

Insurance (professional indemnity) - Settlement reached without consent of insurers - Whether summary judgment available against insurers - Whether insurers entitled to leave to defend to investigate merits of claim against insureds - Whether insureds liable to third parties - Whether liability covered by the policy - Whether settlement reasonable - Exclusion of cover where some other policy provided indemnity - Effect of exclusion where the other policy contained a similar exclusion.

SARGENT v GRE (UK) LTD

[2000] Lloyd's Rep IR 77

Insurance (personal accident) - Policy providing coverage for permanent total disablement from attending to any occupation - Meaning of “any occupation” - Whether insured entitled to policy moneys even though fit to carry on some occupations but not others.

QUINTA COMMUNICATIONS SA v WARRINGTON (REPRESENTATIVE UNDERWRITER FOR UNDERWRITERS AT LLOYD’S SUBSCRIBING TO POLICY NO BX97/11366165) (ODYSSEY RE (LONDON) LTD INTERVENING)

[2000] Lloyd's Rep IR 81

Insurance (Loss of profits) - Primary policy containing “one show deductible” - Deductible buy-back policy applicable only where primary insurers not liable by virtue of deductible - Concert cancelled due to ill-health - Rescheduling of concert causing cancellation of second concert - Claim against deductible buy-back insurers - Whether loss excluded from primary policy by reason only of deductible - Whether deductible prevented recovery under primary policy.

BAGHBADRANI v COMMERCIAL UNION ASSURANCE CO PLC

[2000] Lloyd's Rep IR 94

Insurance (material damage and business interruption) - Fraudulent claim - Burden of proof for fraud - Whether insurers had agreed to a compromise - Whether insurers prevented from avoiding liability by reason of waiver, estoppel or in equity.

CALLAGHAN AND HEDGES (T/A STAGE 3 DISCOTHEQUE) v THOMPSON AND OTHERS SUBSCRIBING TO SYNDICATE 1049 AT LLOYD’S AND ANDERSON INSURANCE SERVICES LTD

[2000] Lloyd's Rep IR 125

Insurance (fire) - Brokers appointing loss adjusters and passing on interim payments from insurers - Insurers subsequently discovering apparent basis for avoiding liability - Whether brokers were agents of insurers or assured - Whether insurers had waived breach of duty.

J W BOLLOM & CO LTD v BYAS MOSLEY & CO LTD

[2000] Lloyd's Rep IR 136

Insurance (fire) - Breach of conditions precedent relating to alarms - Settlement with insurers - Claim against brokers for balance of insurance moneys - Whether brokers in breach of duty to inform clients of significance of conditions precedent - Whether brokers in breach of duty to inform claimants of need to be fully insured - Measure of damages - Whether clients contributorily negligent.

KAUSAR v EAGLE STAR INSURANCE CO LTD

[2000] Lloyd's Rep IR 154

Insurance (shop premises) - Non-disclosure - Whether inducement - Condition requiring disclosure of change of circumstances - Scope of obligations under condition.

VIRK v GAN LIFE HOLDINGS PLC

[2000] Lloyd's Rep IR 159

Insurance (critical illness) - Policy providing payment for stroke 30 days after confirmed diagnosis - Claimant commencing proceedings against associated insurers - Application to join correct insurers - Substitution depending on non-expiry of limitation period - Whether limitation period ran from date of stroke or 30 days after confirmed diagnosis - Whether expiry of 30 days from confirmed diagnosis a condition precedent to insurers’ liability - CPR 1998, Part 19, rule 19(4).

HURST-BANNISTER AND ORS v NEW CAP REINSURANCE CO AND ORS

[2000] Lloyd's Rep IR 166

Reinsurance - Letter of credit facility - Premiums to be used as security for issuance of letters of credit naming reinsured as beneficiary - Reinsurers becoming insolvent without opening letters of credit - Whether letter of credit facility created express purposes trust - Whether resulting trust arose on failure of purpose.

KENNECOTT UTAH COPPER CORPORATION KENNECOTT CORPORATION THREE CROWN INSURANCE CO LTD THE RITZ CORPORATION LTD v CORNHILL INSURANCE PLC SWISS REINSURANCE CO SAMPO INDUSTRIAL INSURANCE NV NEW HAMPSHIRE INSURANCE CO CIGNA INSURANCE COMPANY OF EUROPE SA-NV COMPAGNIE TRANSCONTINENTALE DE REASSURANCE SA ABEILLE REASSURANCES MUTUELLE CENTRALE DE REASSURANCE COMPANHIA DE SEGUROS IMPERIO SA SCOR REINSURANCE CO MERCANTILE AND GENERAL INSURANCE CO LTD GJENSIDIGE SKADEFROSIKRING MINET LTD

[2000] Lloyd's Rep IR 179

Reinsurance - Operational policy on flash converter furnace and acid plant - Whether FCF and plant excluded from cover prior to testing and commissioning - Whether leading underwriter had validly imposed condition requiring testing and commissioning - Whether reinsurers estopped from relying on policy terms by agreeing to endorsement.

NATIONAL JUSTICE COMPANIA NAVIERA SA v PRUDENTIAL ASSURANCE CO LTD THE IKARIAN REEFER (NO 2)

[2000] Lloyd's Rep IR 230

Insurance - Application for order for costs against third party controller of assured one-ship company - Third party domiciled in Greece - Whether permission for service required - Whether English court had jurisdiction over third party - Whether application for costs order a matter relating to insurance - Brussels Convention 1968, arts 2, 6 and 11 - Civil Procedure Rules 1998, rule 48.2.

CALEDONIA NORTH SEA LTD v LONDON BRIDGE ENGINEERING CO PICKUP NO 7 LTD INDUSTRIAL & MARINE SERVICES CO LTD BRITISH TELECOMMUNICATIONS PLC WOOD GROUP ENGINEERING CONTRACTORS LTD NORTON (NO 2) LTD KELVIN INTERNATIONAL SERVICES LTD COFLEXIP STENA OFFSHORE LTD

[2000] Lloyd's Rep IR 249

Insurance - Subrogation and contribution - Insurance covering liabilities of operator of Piper Alpha oil platform for death or personal injury to persons employed on platform - Contractors providing services for the rig under contractual obligation to indemnify operators against death or injury to contractors’ employees unless caused solely by negligence or wilful misconduct of operators - Claims against employers paid by insurers - Whether insurers had rights of subrogation against contractors under contractors’ indemnities.

HARDING MAUGHAN HAMBLY LTD v COMPAGNIE EUROPEENNE DE COURTAGE D’ASSURANCES ET DE REASSURANCES SA ASSURANCES DES INVESTISSEMENTS INTERNATIONAUX SA

[2000] Lloyd's Rep IR 293

Insurance broker - Entitlement to commission - Sub-broker appointed by broker in chain of brokers to place risk - Appointed sub-broker nominating another broker to place the risk - Whether agreement between all brokers to share commission - Whether sub-broker effective cause of placement - Entitlement of sub-broker to commission on quantum meruit basis.

AGNEW (SUING ON HIS OWN BEHALF AND IN A REPRESENTATIVE CAPACITY ON BEHALF OF ALL MEMBERS OF LLOYD’S SYNDICATES 672, 79, 1023 AND 590) AND ORS v LÄNSFÖRSÄKRINGSBOLAGENS AB

[2000] Lloyd's Rep IR 317

Reinsurance - Jurisdiction - Lugano Convention 1989, Arts 5(1) and 7 - Civil Jurisdiction and Judgments Act 1982 - Application to set aside writ - Allegation by reinsurers of misrepresentation - Whether reinsurance a “matter relating to insurance” within Art 7 - Whether duty to make fair presentation constituted “obligation in question” within Art 5(1).

AIG EUROPE (UK) LTD AND ORS v ANONYMOUS GREEK INSURANCE COMPANY OF GENERAL INSURANCES THE ETHNIKI

[2000] Lloyd's Rep IR 343

Reinsurance - Brussels Convention 1968, Arts 5(1) and 17 - Alleged breach of claims control clause - Other claims made against reinsured - Reinsurers seeking declaratory relief in England - Reinsured domiciled in Greece - Determination of “obligation in question” - Place of performance of obligation in question - Whether claims could be fragmented - Whether jurisdiction clause in original policy incorporated into reinsurance agreement.

ALFRED McALPINE PLC v BAI (RUN-OFF) LTD

[2000] Lloyd's Rep IR 352

Insurance (Contractors) - Indemnity - Occurrence notification clause - Claimants assignees of insured - Whether insured complied with requirements of notification clause - Whether notification clause a condition precedent to liability of insurers - Whether insurers entitled to terminate insurance for repudiation - Whether failure to notify claim a breach of duty of utmost good faith.

KAPUR v J W FRANCIS & CO AND HINKSON

[2000] Lloyd's Rep IR 361

Insurance (fire) - Non-disclosure of previous claims - Proposal form completed with assistance of broker - Whether omission the fault of the broker or the claimant - Power of Court of Appeal to reverse findings of fact of trial judge.

KAZAKSTAN WOOL PROCESSORS (EUROPE) LTD v NEDERLANDSCHE CREDIETVERZEKERING MAATSCHAPPIJ NV

[2000] Lloyd's Rep IR 371

Insurance (credit) - Insured ceasing to trade and failing to submit trading declaration - Insured in breach of obligation to pay premium - Policy rendering due performance and payment by insured conditions precedent to insurers’ liability - Insurers having right to terminate policy and all liability under it - Whether conditions precedent applied to all claims or claims to which breach related - Whether insurers able to avoid liability for claims arising out of events occurring prior to notice of termination.

HAYWARD v NORWICH UNION INSURANCE LTD

[2000] Lloyd's Rep IR 382

Insurance (motor) - Car stolen from service station - Keys in ignition but car fitted with immobiliser - Motor policy covering theft but excluding loss whilst ignition keys left in or on car - Insured under duty to take reasonable steps to safeguard car - Whether there had been “theft” - Whether keys had been “left” in car - Whether insured had taken reasonable steps to safeguard against loss - Whether insurers owed duty of care to seek to recover stolen property.

NORMAN v ALI AND MOTOR INSURERS’ BUREAU AZIZ v NORMAN

[2000] Lloyd's Rep IR 395

Insurance (Motor) - Road Traffic Act 1988, section 143 - Claim against person permitting vehicle to be driven without insurance - Whether claim in respect of breach of statutory duty or personal injuries - Limitation Act 1990, section 11 - Motor Insurers Bureau Uninsured Drivers’ Agreement 1988, clause 5(1)(d) - Whether Motor Insurers’ Bureau entitled to insist that person permitting vehicle to be driven without insurance be joined to proceedings against driver - Whether claimant had acted reasonably in complying with joinder requirement.

ENGLAND AND ENGLAND v GUARDIAN INSURANCE LTD

[2000] Lloyd's Rep IR 404

Insurance (house and homes policy) - Subrogation - Insurers settling with insureds - Insureds later obtaining judgment - Insureds funded by legal aid - Whether insurers entitled to lien over recoveries - Whether lien had priority over Legal Aid Fund’s charge - Whether insureds entitled to make deductions from recoveries for uninsured losses and for costs incurred in obtaining recoveries.

GROUPAMA NAVIGATION ET TRANSPORTS CONTINENT SA MUTUELLES DU MANS ZURICH INTERNATIONAL FRANCE SA GIE GENERALI TRANSPORTS v CATATUMBO CA SEGUROS

[2000] Lloyd's Rep IR 434

Reinsurance - Marine cover on Venezuelan risk including classification warranty - Warranty broken - Insurers liable under Venezuelan law - Facultative reinsurance on terms “as original” - Reinsurance governed by English law - Whether reinsurers bound by liability of insurers under Venezuelan law.

KUWAIT AIRWAYS CORPORATION THE MINISTER OF FINANCE OF THE STATE OF KUWAIT v KUWAIT INSURANCE CO SAK WARBA INSURANCE CO SAK AL AHLEIA INSURANCE CO SAK GULF INSURANCE CO KSC (No 2)

[2000] Lloyd's Rep IR 439

Insurance (aviation) - Loss of fifteen aircraft and spares following invasion of Kuwait by Iraq - Eight aircraft recovered - Whether value of recovered aircraft to be apportioned between insurers and insureds - Whether value of recovered aircraft was agreed value or market value - Whether recoveries to be set off against aggregated claim or separately against aircraft and spares - Whether policy new for old - Whether insureds entitled to order for interim payment - CPR rule 25.7.

PRICE AND PRICE v SOCIETY OF LLOYD’S

[2000] Lloyd's Rep IR 453

Lloyd’s - Claim by Lloyd’s for Equitas premium - Whether basis of calculation could be challenged - Whether Lloyd’s required to disclose information as to calculation - Whether Lloyd’s owed duty to Names to regulate market - Whether Lloyd’s motivated by bad faith in failing to act - Whether pursuit of claims amounted to harassment - Protection from Harassment Act 1997.

STOREBRAND SKADEFORSIKRING AS v FINANGER Case E-1/99

[2000] Lloyd's Rep IR 462

Insurance (motor vehicle) - Passenger voluntarily accepting lift with intoxicated driver - Passenger injured due to driver’s negligence - Norwegian Court reducing damages by 30 per cent for contributory negligence - Whether EC Motor Vehicle Insurance Directives permitted deduction where passenger injured by intoxicated driver.

ARAB BANK PLC v JOHN D WOOD COMMERCIAL LTD ANTHONY SAVILLE BROWNE WEATHERALL GREEN & SMITH (A FIRM) TERENCE GORDON KNIGHT

[2000] Lloyd's Rep IR 471

Insurance (mortgage indemnity guarantee) - Bank lending 90 per cent of valuation of industrial estate - Borrower in default - Overvaluation of industrial estate by valuers - Assessment of damages - Whether judge erred in approach to valuation of premises - Whether proceeds of mortgage indemnity guarantee policy to be taken into account in assessing Bank’s loss - Whether Bank contributorily negligent.

JACOBS v COSTER (T/A NEWINGTON COMMERCIALS SERVICE STATION) AND AVON INSURANCE (THIRD PARTY)

[2000] Lloyd's Rep IR 506

Insurance (liability) - Personal injury - Policy requiring insured to give notice of events “likely” to give rise to a claim - Condition precedent to insurer’s liability - Accident occurring on insured’s premises - Personal injuries suffered - Whether claim “likely” - Significance of seriousness of injury.

LAYHER LTD v LOWE

[2000] Lloyd's Rep IR 510

Insurance (liability) - Personal injury - Policy requiring insured to give notice of events “likely” to give rise to a claim - Condition precedent to insurer’s liability - Accident occurring on insured’s premises - Death of two workmen and serious property damage - Whether claim “likely”

KYZUNA INVESTMENTS LTD v OCEAN MARINE MUTUAL INSURANCE ASSOCIATION (EUROPE)

[2000] Lloyd's Rep IR 513

Insurance (marine) - Yacht - Policy stating “sum assured” - Whether policy valued or unvalued - Incorporation of terms of proposal form - Marine Insurance Act 1906, section 27(2).

MANDER v EQUITAS LTD

[2000] Lloyd's Rep IR 520

Reinsurance - Lloyd’s - Reinsurance covering business “originally allocated” to 1992 or an earlier year of account - Whether “originally allocated” referred to writing of risk or allocation by Lloyd’s Policy Signing Office.

UNIVERSITIES SUPERANNUATION SCHEME LTD v ROYAL INSURANCE (UK) LTD

[2000] Lloyd's Rep IR 524

Insurance (fidelity guarantee policy) - Limitation of actions - Limitation Act 1980, section 5 - Policy covering fraudulent acts if discovered within twenty-four months - Whether limitation period arose on occurrence of fraudulent act or on discovery - Policy also giving cover for fraudulent acts under superseded policies - Date of accrual of cause of action.

MYERS v DORTEX INTERNATIONAL LTD

[2000] Lloyd's Rep IR 529

Insurance (employers liability) - Employee commencing proceedings against employer - Two accidents - Different insurers on risk at the date of each accident - Proceedings defended by later insurers - Whether earlier insurers entitled to be joined to the proceedings - RSC Order 15, rule 6 [CPR 1998, Part 19].

AVON INSURANCE PLC AND ORS v SWIRE FRASER LTD AND ANOR

[2000] Lloyd's Rep IR 535

Insurance (stop loss) - Binding authority issued by underwriters to brokers - Brokers agreeing stop loss insurance for Lloyd’s Names - Names suffering substantial losses - Whether brokers liable for misrepresentation to underwriters - Misrepresentation Act 1967, section 2(1) - Measure of damages for misrepresentation - Whether false statements made as to manner of assessment of risks under binding authority - Whether underwriters induced by false statements.

KILLICK AND ORS v RENDALL

[2000] Lloyd's Rep IR 581

Insurance (personal accident) - Policy for benefit of directors of assured company - Insured persons attending football match and visiting factory - Policy limited to travel on behalf of assured company - Whether business purpose had to be primary - Whether directors travelling primarily for business purposes.

THORNTON SPRINGER v NEM INSURANCE CO LTD AND ORS

[2000] Lloyd's Rep IR 590

Insurance (professional indemnity) - Unsuccessful claim against assured - Liability of insurers for costs incurred by assured in defending unsuccessful claim - Whether defence costs within insuring clause - Whether defence costs covered by special condition or legal defence clause - Whether insurers consented to incurring of defence costs by assured - Whether insurers under implied duty not to withhold consent for defence costs to be incurred - Whether insurers bound by agreement, waiver or estoppel to fund defence costs - Apportionment of defence costs where claim in part covered losses outside policy.

GRELL-TAUREL LTD JOSEPH NAHOUS & CO LTD v CARIBBEAN HOME INSURANCE CO LTD AMERICAN LIFE & GENERAL INSURANCE CO TRINIDAD LTD TRINIDAD AND TOBAGO INSURANCE LTD NEM (WEST INDIES) INSURANCE LTD NEW INDIA ASSURANCE CO (TRINIDAD AND TOBAGO LTD CARIBBEAN INSURANCE CO LTD CARIBBEAN COMMERCIAL INSURANCE CO LTD UNITED INSURANCE CO LTD COLONIAL FIRE & GENERAL INSURANCE CO LTD MARITIME GENERAL INSURANCE CO LTD GUYANA AND TRINIDAD MUTUAL FIRE INSURANCE CO LTD

[2000] Lloyd's Rep IR 614

Insurance (buildings) - Extension of cover to riot - Exclusion for insurrection - Reverse burden of proof clause - Losses by looting following insurrection - Assured required to prove that loss was not occasioned directly or indirectly by reason of excluded peril - Whether insurers required to show arguable case that excluded peril applied - Whether insurrection indirectly caused loss.

FOSKETT v McKEOWN AND ORS

[2000] Lloyd's Rep IR 627

Insurance (life) - Mixed substitution - Tracing - Own-life unit-linked policy - Premiums paid by assured using own funds and trust funds belonging to claimants - Whether claimants entitled to claim proportion of proceeds of insurance policy - Whether claim based on tracing or unjust enrichment - Whether claimants had elected not to claim proceeds of policy - Method of apportionment of policy moneys between beneficiaries and claimants.

ADCOCK v CO-OPERATIVE INSURANCE SOCIETY LTD

[2000] Lloyd's Rep IR 657

Insurance (buildings) - Measure of indemnity following fire - Whether assured entitled to recover cost of reinstatement and of new foundations - Interest on insurance moneys - Duration of interest - Rate of interest - Supreme Court Act 1981, section 35A.

MARTIN v LANCASHIRE COUNTY COUNCIL BERNADONE v PALL MALL SERVICES GROUP HARINGEY HEALTHCARE NHS TRUST INDEPENDENT INSURANCE LTD

[2000] Lloyd's Rep IR 665

Insurance (Employers’ liability) - Employee’s employment transferred - Employee having accrued claim in tort against transferor - Whether tort claim to be brought against transferor employer or transferee employer - Whether transferor’s liability insurance transferred to meet claim against transferee - Transfer of Undertakings (Protection of Employment) Regulations 1981 - Acquired Rights Directive, Council Directive 77/187/EEC - Employers’ Liability (Compulsory Insurance) Act 1969.

KUWAIT AIRWAYS CORPORATION AND ANOR v KUWAIT INSURANCE CO SAK AND ORS (No 3)

[2000] Lloyd's Rep IR 678

Insurance (war risks) - Date for running of Interest on proceeds of policy - Rate at which interest should be paid - Supreme Court Act 1981, section 35A - Whether interest running from date of loss or date on which payment should reasonably have been made - effect of delay in making claim.

K/S MERC-SCANDIA XXXXII v CERTAIN LLOYD’S UNDERWRITERS OCEAN MARINE INSURANCE CO LTD AND ORS

[2000] Lloyd's Rep IR 694

Insurance (marine liability) - Marine Insurance Act 1906, section 17 - Claim against assured by third party - Underwriters taking over assured’s defence - Assured denying validity of exclusive jurisdiction clause and producing forged letter denying authority of agent - Post-contract fraud - Utmost good faith - Whether forged letter breach of post-contract duty of utmost good faith - Whether material - Whether underwriters induced by false statement - Effect of immaterial fraud - Notice of claims clause - Effect of breach by assured - Innominate term - Whether underwriters suffering serious consequences due to breach - Assured becoming insolvent - Third Parties (Rights against Insurers) Act 1930.

LLR: Insurance & Reinsurance