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HIH CASUALTY AND GENERAL INSURANCE LTD v AXA CORPORATE SOLUTIONS

[2003] Lloyd's Rep IR 1

Reinsurance - Film finance policies - Warranties in reinsurance that a given number of films would be made - Shortfall in number of films - Consequences of breach of warranty - Whether re-qjinsurers had waived breach of warranty - Waiver by election - Promissory estoppel - Estoppel by convention.

SVENSKA HANDELSBANKEN AB v DANDRIDGE

[2003] Lloyd's Rep IR 10

Insurance (marine, war risks) - Mortgagees’ Interest Insurance - MII policy attaching where claim fell within terms of owners War Risks insurance - Vessel seized for illegal fishing - Whether loss excluded from War Risks policy by reason of contravention of trading regulations - Whether vessel lost by seizure or by failure of owners to provide security - Whether sum demanded for release of vessel exceeded actual value of vessel - Marine Insurance Act 1906, sections 27(4) and 60(1) - Institute War Clauses, Clause 4.1.6, 19.

SUNPORT SHIPPING LTD AND OTHERS v ATKIN THE KLEOVOULOS OF RHODES

[2003] Lloyd's Rep IR 27

Insurance (marine) - War risks - Detention of vessel - Exclusion for loss by reason of infringement of any customs or trading regulations - Whether drugs laws were “customs regulations” - Causation.

KENNECOTT UTAH COPPER CORPORATION AND OTHERS v MINET LTD AND OTHERS

[2003] Lloyd's Rep IR 37

Reinsurance (construction) - Operational reinsurance on new plant found not to have attached - Claim by reinsured against brokers - Whether alleged negligence by brokers could have caused loss in the light of the earlier ruling - Issue estoppel - Abuse of process.

AGAPITOS LAIKI BANK (HELLAS) SA v AGNEW (NO 2)

[2003] Lloyd's Rep IR 54

Insurance (marine) - Warranty - Obligation on owners to obtain Salvage Association approval of fire fighting and mooring arrangements - Warranty that no hot work would be carried out - Subsequent warranties requiring Salvage Association approval and that Salvage Association requirements had been complied with prior to commencement of hot work - Final warranty that Salvage Association certificate updated - Whether warranties present or continuing - Whether hot works carried out in breach of warranty - Waiver of breach - Marine Insurance Act 1906, sections 33 and 34.

RE CLAIMS DIRECT TEST CASES

[2003] Lloyd's Rep IR 69

Insurance (after the event) - Costs - Block rating - Policy taken out after liability admitted - Access to Justice Act 1999, section 29.

JAMES BUDGETT SUGARS LTD v NORWICH UNION INSURANCE

[2003] Lloyd's Rep IR 110

Insurance (combined commercial policy) - Products liability - Assured sold contaminated goods to claimant - Claimant resold goods to third party customers - Claimant losing business from customers - Claim against assured for damages - Whether assured’s policy covered claimant’s claim for loss of business.

MITSUI MARINE & FIRE INSURANCE CO AND OTHERS v BAYVIEW MOTORS LTD [2002] EWCA Civ 1605

[2003] Lloyd's Rep IR 117

Insurance (marine) - Cargo confiscated by customs authorities - Institute Cargo Clauses - Warehouse to warehouse clause - Whether risk terminated when goods placed in compound on quay - Notice of abandonment - Meaning of “seizure” - Obligation to sue and labour - Marine Insurance Act 1906, section 78(4).

ASSICURAZIONI GENERALI SPA v ARAB INSURANCE GROUP (BSC)

[2003] Lloyd's Rep IR 131

Reinsurance - Date on which contract was made - Effect of slips being signed and stamped - Retention - Misrepresentation - Whether misleading statements made as to participation of other parties - Whether statements material - Whether statements corrected - Meaning of inducement - Whether reserving policy unusual or imprudent - Procedure - Role of Court of Appeal in reviewing evidence put to trial judge.

FLOODS OF QUEENSFERRY LTD v (1) SHAND CONSTRUCTION LTD (2) WINWARD FEARON

[2003] Lloyd's Rep IR 181

Costs - Whether director of company should be ordered to pay costs of unsuccessful action brought by company - Whether company’s solicitors should be ordered to pay costs - Conditional fee agreement - Supreme Court Act 1981, section 51 - Insurance (legal expenses) - Whether proceeds of policy assigned to claimants’ solicitors - Proceeds paid into Court by insurers - Whether Court had jurisdiction to order sums to be applied to meet costs award.

COUNTRYWIDE ASSURED GROUP PLC AND OTHERS v MARSHALL AND OTHERS AIG EUROPE (UK) LTD AND OTHERS, INTERVENING

[2003] Lloyd's Rep IR 195

Insurance (professional indemnity) - Pensions mis-selling - Aggregation of claims - Number of deductibles to be borne by assured - Whether claims arising from one orginal cause.

CALLERY v GRAY

[2003] Lloyd's Rep IR 203

Procedure - Costs - After the event insurance - Conditional fee arrangements - “Funding arrangements” - Whether ATE premium could be included in costs awarded in costs-only proceedings - Elements of premium which were recoverable - Whether premium for collateral benefits was recoverable - Whether premium representing own costs insurance was recoverable - Recoverability of insurance premium tax - Whether costs could be recovered for a CFA entered into before the commencement of proceedings - Amount of appropriate uplift for CFA - Access to Justice Act 1999, s 29 - Civil Procedure Rules, rule 44.

HIH CASUALTY AND GENERAL INSURANCE LTD v CHASE MANHATTAN BANK

[2003] Lloyd's Rep IR 230

Insurance (time variable contingency) - Insurance securing repayment of financing for production of films - Facultative policies (contracts of insurance) and line slip facility (contract for insurance) - Allegations of fraud and recklessness by brokers placing contracts of insurance and for insurance - Whether insurers having right to avoid contracts - Whether assured liable in damages to insurers for misrepresentations of brokers - Effect of truth of statement clause - Whether brokers liable in damages to insurers for breach of duty of utmost good faith - Whether truth of statement clause applicable to negligence by brokers - Whether truth of statement clause applicable to fraud by brokers.

KASTOR NAVIGATION CO LTD ATLANTIC BANK OF NEW YORK v AXA GLOBAL RISKS (UK) LTD AND OTHERS

[2003] Lloyd's Rep IR 262

Insurance (marine) - Fire breaking out on board vessel - Vessel sunk by ingress of water - Whether vessel rendered constructive total loss by fire - Whether assured entitled to claim for constructive total loss when followed immediately by actual total loss caused by uninsured peril - Effect of absence of notice of abandonment - Actual total loss - Whether loss of vessel proximately caused by fire - Concurrent causes of loss.

AMERICAN MOTORISTS INSURANCE CO v CELLSTAR CORPORATION [2003] EWCA Civ 206

[2003] Lloyd's Rep IR 295

Insurance (transportation) - Conflict of laws - Forum non conveniens - Application for negative declaratory relief by insurers - Whether choice of law - Whether risk situated inside or outside the EU - Policy covering global risks - Applicable law in absence of choice - Whether proceeding should be stayed - Rome Convention 1980, Art 4 - Insurance Companies Act 1982, section 96 and sched 3A.

MOORE LARGE & CO LTD v HERMES CREDIT & GUARANTEE PLC [2003] EWHC 26

[2003] Lloyd's Rep IR 315

Insurance (credit) - Policy covering defaults of named customers - Policy capping recovery by reference to credit limits - Policy endorsement extending credit limits - Construction of policy - Whether relevant date for determining amount of indebtedness that of date of invoice or that of date of customer’s insolvency - Utmost good faith - Right to avoid endorsement - Whether disclosure waived by insurers - Whether insurers affirming policy with knowledge of defence.

CHARMAN v GORDIAN RUN-OFF LTD [2002] EWHC 2290 (Comm)

[2003] Lloyd's Rep IR 337

Reinsurance - Whole account excess of loss cover - Three-year policy - Review clause in reinsurance - Reinsurers entitled to increase annual premium in event of extraordinary claims development - Whether losses amounted to extraordinary claims development - Whether review clause validly invoked.

SUNPORT SHIPPING v TRYG-BALTICA INTERNATIONAL (UK) LTD THE KLEOVOULOS OF RHODES [2003] EWCA Civ 12

[2003] Lloyd's Rep IR 349

Insurance (marine) - War risks - Detention of vessel - Exclusion of loss by reason of infringement of any customs or trading regulations - Whether drugs laws were “customs regulations” - Causation.

HELLENIC INDUSTRIAL DEVELOPMENT BANK SA v ATKIN THE JULIA

[2003] Lloyd's Rep IR 365

Insurance (marine) - Interest on policy proceeds - Valued policy - Actual total loss caused by fire - Proceedings not commenced for five years after loss - Time for running of interest - Rate at which interest was payable.

N M ROTHSCHILD & SONS (CI) LTD v EQUITABLE LIFE ASSURANCE SOCIETY

[2003] Lloyd's Rep IR 371

Insurance (life) - Surrender of policy - Policies assigned by policy holders to bank - Bank giving notice of surrender to insurer - Insurer demanding further proof of bank’s title - Fall in surrender value of policies following refusal of payment - Date on which calculation of surrender value to be made - Whether bank had objectively demonstrated title - Proof of assignment.

NEW HAMPSHIRE INSURANCE CO v OIL REFINERIES LTD

[2003] Lloyd's Rep IR 386

Insurance (liability) - Utmost good faith - Outstanding claims - Whether material fact - Whether underwriter induced by failure to disclose - Waiver by underwriter.

BESTQUEST LTD v REGENCY CARE GROUP LTD ECCLESIASTICAL INSURANCE OFFICE PLC

[2003] Lloyd's Rep IR 392

Insurance (real property and business interruption) - Sale of property - Whether seller under an obligation to assign policy to purchaser - Whether obligation to have purchaser’s interest noted on policy - Effect of noting.

STOWERS v G A BONUS PLC HELM INSURANCE BROKERS LTD

[2003] Lloyd's Rep IR 402

Insurance - Utmost good faith - Failure to disclose previous claims - Waiver - Breach of warranty - Theft - Whether forcible or violent entry - Liability of brokers - Whether brokers had passed on information given by assured - Duty of brokers to ensure full disclosure by assured - Causation.

SYNDICATE 1242 AT LLOYD’S v MORGAN READ & SHARMAN

[2003] Lloyd's Rep IR 412

Insurance (travel) - Lloyd’s - Binding authority - Formation of contract - Negotiations betweenqjbroker and underwriter for binding authority - Whether contract made between parties.

AKERS v MOTOR INSURERS BUREAU [2003] EWCA Civ 18

[2003] Lloyd's Rep IR 427

Insurance (motor) - Victim of uninsured driver - Claim against Motor Insurers Bureau - Whether victim knew or ought to have known that driver was uninsured - Uninsured Drivers Agreement 1988, clause 6(1)(e).

ALEXANDER FORBES EUROPE LTD v SBJ LTD

[2003] Lloyd's Rep IR 432

Insurance (professional indemnity) - Liability of brokers - “Claims made” policy - Brokers asked to pass on claim to underwriters - Notification made under wrong policy - Underwriters refusing notification - Whether brokers in breach of duty - Measure of damages.

EURODALE MANUFACTURING LTD v ECCLESIASTICAL INSURANCE OFFICE PLC [2003] EWCA Civ 203

[2003] Lloyd's Rep IR 444

Insurance (goods in transit) - Scope of cover - Construction - Contra proferentem rule - Typed words and incorporated standard terms - Significance of proposed amendments.

EUROPEAN INTERNATIONAL REINSURANCE CO LTD v CURZON INSURANCE LTD SEDGWICK LTD SEDGWICK UK RISKS LTD SEDGWICK OS LTD MARSH USA INC [2003] EWHC 321 (Comm)

[2003] Lloyd's Rep IR 454

Insurance (liability) - Brokers - Breach of duty - Reinsurer claiming right to avoid policy of reinsurance for non-disclosure - Brokers joined as Part 20 defendants - Application to set aside order joining other brokers in same group of companies - Whether other brokers voluntarily assumed responsibility for placing reinsurance.

GROCUTT v KHAN [2002] EWCA Civ 1945

[2003] Lloyd's Rep IR 464

Insurance (motor) - Agreement to take out policy - Accident occurring abroad - Policy lost by defendant - Claimant unable to recover costs of defending proceedings of negligence action brought by third party - Whether binding contract to insure - Whether defendant under duty to retain policy - Bailment - Whether defendant in breach of duty - Measure of damages - Whether policy would have extended to costs.

NAWAZ AND HUSSAIN v CROWE INSURANCE GROUP [2003] EWCA Civ 316

[2003] Lloyd's Rep IR 471

Insurance (motor) - Default judgment obtained against driver - Claim brought against insurers to enforce judgment - Secretary in insurers’ solicitors informed that proceedings were to be commenced against driver - Whether secretary an appropriate person to receive notice - Whether notice sufficient - Road Traffic Act 1988, sections 151 and 152(1)(a).

SKANSKA CONSTRUCTION LTD v EGGER (BARONY) LTD [2002] EWCA Civ 310

[2003] Lloyd's Rep IR 479

Insurance (construction) - Obligation on employer to take out joint names policy covering works - Floor slab cracking due to alleged design defects - Whether joint names policy required to cover damage when design defects became manifest.

UNION CAMP CHEMICALS LTD v ACE INSURANCE SA-NV

[2003] Lloyd's Rep IR 487

Insurance - Public liability policy - Excess liability incorporating terms of primary layer policy - Scope of incorporation - Obligation to ensure that sub-contractors had own insurance cover - Construction of clause.

KENNECOTT UTAH COPPER CORPORATION AND OTHERS v MINET LTD AND OTHERS

[2003] Lloyd's Rep IR 503

Reinsurance (construction) - Operational reinsurance on new plant found not to have attached - Claim by reinsured against brokers - Whether alleged negligence by brokers could have caused loss in the light of the earlier ruling - Issue estoppel - Abuse of process

SPHERE DRAKE INSURANCE LTD ODYSSEY RE v EURO INTERNATIONAL UNDERWRITING LTD JOHN WHITCOMBE CHRISTOPHER HENTON STIRLING COOKE BROWN REINSURANCE BROKERS LTD STIRLING COOKE BROWN INSURANCE BROKERS LTD NICHOLAS BROWN JEFFREY BUTLER

[2003] Lloyd's Rep IR 525

Reinsurance - Retrocession - Spiral - Workers’ Compensation carveout business originating in the US - Binding authority granted by reinsurers for acceptance of business - Arrangement between brokers and coverholders for placement of loss-making business - Whether breach of fiduciary duty by coverholders - Whether knowing assistance by brokers - Conspiracy - Effect of knowledge of director of reinsurers.

BARINGS PLC v COOPERS & LYBRAND

[2003] Lloyd's Rep IR 566

Auditors - Banking - Collapse of banking group due to fraud of trader - Liability of auditors - Whether audits were negligently conducted - Whether chain of causation broken by negligence of company itself - Measure of damages - Contributory negligence - Relief from liability - Companies Act 1985, section 727 - Counterclaim against company - Whether company liable for fraudulent misrepresentation which auditors had in breach of duty failed to pick up.

LLOYDS TSB GENERAL INSURANCE HOLDINGS v LLOYDS BANK GROUP INSURANCE CO LTD [2003] UKHL 48

[2003] Lloyd's Rep IR 623

Insurance (professional indemnity) - Pensions mis-selling - Best advice not given to investors - Policy deductibles applicable to each and every third party claim - Series of claims to be regarded as single claim - Whether third party claims to be aggregated for purposes of deductible.

FEASEY v SUN LIFE ASSURANCE CORPORATION OF CANADA [2003] EWCA Civ 885

[2003] Lloyd's Rep IR 637

Reinsurance - P & I Association - Reinsurance of Association in respect of payments to members for liability for death and personal injury - Payments under reinsurance triggered by death or personal injury of “original person” and not by liability of Association - Whether contrary to Life Assurance Act 1774, section 1 - Amount recoverable under Life Assurance Act 1774, section 3 - Authority of underwriting agent.

IN RE CLAIMS DIRECT TEST CASES [2003] EWCA Civ 136

[2003] Lloyd's Rep IR 677

Insurance (after the event) - Costs - Recovery of “after the event” insurance premium by way of costs - Whether court should lift veil of premium - Distinction between insurance costs and claims handling costs - Access to Justice Act 1999, section 29.

SCOTT v COPENHAGEN REINSURANCE CO (UK) LTD [2003] EWCA Civ 688

[2003] Lloyd's Rep IR 696

Reinsurance (war risks) - Aggregation - Aircraft seized at Kuwait Airport by invading Iraqi forces - Reinsurance covering all losses arising from one event - Whether seizure of aircraft one event - Actual total loss - Whether loss occurred on seizure of aircraft.

GENERAL STAR INTERNATIONAL INDEMNITY LTD v STIRLING COOKE BROWN REINSURANCE BROKERS LTD RICHARDS BUTLER (A FIRM) [2003] EWHC 3 (Comm)

[2003] Lloyd's Rep IR 719

Reinsurance - Film financing litigation - Jurisdiction - Proceedings commenced in England by reinsurers for damages against brokers and solicitors - Application by brokers to New York court for anti-suit injunction - Whether English court should determine jurisdictional issues in advance of decision by New York court - Forum non conveniens - Whether anti-suit injunction should be granted.

ASSICURAZIONI GENERALI SPA v CGU INTERNATIONAL INSURANCE PLC [2003] EWHC 1073 (Comm)

[2003] Lloyd's Rep IR 725

Reinsurance - Insurance of work for installation and maintenance of cables - Settlement of claim by reinsured - Reinsurance agreement requiring re-insurers to “follow the settlements” of reinsured - Scope of obligation to follow settlements - Position where insurance and reinsurance contained same terms and were drafted on back to back basis - Obligation on reinsured to prove that the basis on which the claim was settled fell within the reinsurance as a matter of law.

BROTHERTON v ASEGURADORA COLSEGUROS SA (NO 2) [2003] EWCA Civ 705

[2003] Lloyd's Rep IR 746

Reinsurance - Banker’s blanket bond and professional indemnity cover - Failure by reinsured to disclose serious allegations of criminality against insured bank’s president - Claim for declaration by reinsurers that policy could be avoided for breach of duty of good faith - Whether allegations were material facts - Whether reinsured permitted to adduce evidence that allegations were unfounded.

BROTHERTON v ASEGURADORA COLSEGUROS SA (NO 3) [2003] EWHC 1741 (Comm)

[2003] Lloyd's Rep IR 762

Reinsurance - Utmost good faith - Colombian bank insured under banker’s blanket bond and professional indemnity insurance policies - Reinsurance placed in London - Reinsuring underwriters not told of reports in Colombian press as to alleged misconduct of bank’s president - Whether non-disclosure or misrepresentation - Whether facts were material - Whether reinsurers had been induced - Whether reinsurers knew or ought to have known of material facts - Marine Insurance Act 1906, section 18(3)(b) - Whether breach of duty on presentation to leading underwriter could be relied on by following market.

DRAKE INSURANCE PLC v PROVIDENT INSURANCE PLC [2003] EWHC 109 (Comm)

[2003] Lloyd's Rep IR 781

Insurance (motor) - Utmost good faith - Inducement - Facts relied on by insurer shown not to exist - Whether insurer under a duty to revoke rescission on discovering true situation - Whether breach of continuing duty of utmost good faith by insurer - Contribution in equity - Rateable proportion clause - Whether payment by insurer was as volunteer - Effect of ABI Dual Indemnity Undertaking.

EUROPEAN INTERNATIONAL REINSURANCE CO LTD v CURZON INSURANCE LTD SEDGWICK LTD SEDGWICK UK RISK SERVICES LTD SEDGWICK OS LTD MARSH USA INC [2003] EWCA Civ 1074

[2003] Lloyd's Rep IR 793

Insurance (liability) - Brokers - Breach of duty - Reinsurer claiming right to avoid policy of reinsurance for non-disclosure - Brokers joined as Part 20 defendants - Application to set aside order joining other brokers in same group of companies - Whether other brokers voluntarily assumed responsibility for placing reinsurance.

HOWELLS v IGI INSURANCE CO LTD [2003] EWCA Civ 03

[2003] Lloyd's Rep IR 803

Insurance (personal injury) - Professional footballer insured against permanent disability - Claims condition deeming footballer to be fully rehabilitated if participating in five or more games from date of permanent disability - Whether reserve team appearances constituted “games”.

SCOTTISH AND NEWCASTLE PLC v GD CONSTRUCTION (ST ALBANS) LTD [2003] EWCA Civ 16

[2003] Lloyd's Rep IR 809

Insurance (construction) - Existing structure damaged by fire - Employer suffering business interruption losses - Claim against contractors for damage to existing structure and for business interruption losses - Intermediate Form of Building Contracts 1984 (IFC 1984) - Contractor obliged to indemnify employer for property and other damage caused by negligence - Works excluded from definition of property - Employer required to take out joint names insurance for existing structures against loss by fire - Whether contractor liable for damages for breach of contract.

LLR: Insurance & Reinsurance