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DORNOCH LTD AND OTHERS v WESTMINSTER INTERNATIONAL BV AND OTHERS (THE "WD FAIRWAY") (NO 3)
[2010] Lloyd's Rep. IR 1
Insurance (marine) - Vessel becoming constructive total loss - Insurers rejecting notice of abandonment but paying for constructive total loss - Vessel sold by assured to associated company at undervalue - Insurers thereafter asserting right of salvage - Whether insurers had opted to waive salvage rights - Law applicable to proprietary effects of transfer - Renvoi - Insolvency Act 1986, section 423.
HOMESERVE MEMBERSHIP LTD v COMMISSIONERS FOR HM REVENUE AND CUSTOMS
[2010] Lloyd's Rep. IR 47
Insurance (assistance) — Insurance Premium Tax — Assured paid premium to insurers for assistance and also paid arrangement fee — Whether arrangement fee subject to IPT — Finance Act 1994, section 72.
GARD MARINE & ENERGY LTD v TUNNICLIFFE AND OTHERS
[2010] Lloyd's Rep. IR 60
Reinsurance — Jurisdiction — Action by reinsured against reinsurer domiciled in Bermuda — Whether reinsurer should be joined to proceedings against London market reinsurers and brokers — Law applicable to reinsurance — Place of performance of reinsurers’ obligations under the reinsurance — Rome Convention 1980, article 3 — Lugano Convention 1989, articles 5 and 6.
RE EQUITAS LTD
[2010] Lloyd's Rep. IR 69
Insurance — Transfer of business — Lloyd’s — Scheme for transfer of Names’ liabilities — Whether court should approve transfer — Financial Services and Markets Act 2000, sections 109 and 111.
VORARLBERGER GEBIETSKRANKENKASSE v WGV-SCHWÄBISHE ALLGEMEINE VERSICHERUNGS AG
[2010] Lloyd's Rep. IR 77
Insurance (motor) — Jurisdiction — State social insurance fund indemnifying victim — Assignment of rights to fund — Whether fund could bring proceedings in the member state of its domicile — Council Regulation (EC) No 44/2001, articles 9 and 11.
SHAH v UL-HAQ AND OTHERS
[2010] Lloyd's Rep. IR 84
Fraud — Claim in tort — Whether use of fraud in claim vitiated entire claim — Civil Procedure Rules 3.4(2).
CRANE (REPRESENTING SYNDICATE 53 AT LLOYD’S, 1998 YEAR OF ACCOUNT) v HANNOVER RUCKVERSICHERUNGS-AKTIENGESELLSCHAFT PARK LONDON LTD (THIRD PARTY)
[2010] Lloyd's Rep. IR 93
Retrocession — Utmost good faith — Retrocessionaires asserting that reinsurers had failed to disclose and had misrepresented reinsured’s underwriting practice — Whether false statements made — Whether facts material — Inducement — Whether duty to disclose information obtained after contract — Whether reinsurers required to disclose their own concerns to retrocessionaires — Marine Insurance Act 1906, section 20.
FLEXSYS AMERICA LP v XL INSURANCE CO LTD
[2010] Lloyd's Rep. IR 132
Insurance (liability) — Local policy — Drop-down clause in excess layer policy — Whether drop-down clause applied to claims falling outside excess layer policy coverage.
DUNLOP HAYWARDS (DHL) LTD AND OTHERS v BARBON INSURANCE GROUP LTD AND OTHERS LOCKTON COMPANIES INTERNATIONAL LTD (THIRD PARTY)
[2010] Lloyd's Rep. IR 149
Insurance (professional indemnity) — Producing broker instructed to place excess layer insurance — Producing broker wrongly instructing placing broker to limit cover — Construction of policy — Rectification — Liability of producing broker to assured — Contributory negligence — Liability of placing broker to producing broker.
JONES v ENVIRONCOM LTD AND ANOTHER
[2010] Lloyd's Rep. IR 190
Insurance (property) — Application for negative declaratory relief — Counterclaim for sum allegedly due under the policy — Whether order for security for the insurers’ costs of the counterclaim should be made — Civil Procedure Rules, Rule 25.13.
LEWIS v NORWICH UNION HEALTHCARE LTD
[2010] Lloyd's Rep. IR 198
Insurance (permanent health) — Assured failing to disclose visit to doctor — Insurers avoiding policy — Inducement — Whether insurers able to prove inducement without evidence from actual underwriter — Waiver of disclosure.
HAMISHMAR INSURANCE AGENCY LTD AND ANOTHER v FIRSTCITY PARTNERSHIP LTD
[2010] Lloyd's Rep. IR 215
Expert determination — Insurance — Claim by coverholder against brokers — Counterclaim by brokers seeking to bring into account sums paid by them to underwriters — Reference to expert determination — Whether expert required to decide whether sums were paid to fund premiums.
GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE “CENDOR MOPU”)
[2010] Lloyd's Rep. IR 221
Insurance (marine) — Institute Cargo Clauses (A) — All risks cover — Oil rig damaged in course of being transported — Causation — Perils of the sea — Whether loss inevitable — Whether loss caused by inherent vice — Marine Insurance Act 1906, section 55(2)(c) and schedule, para 7.
JACOBS v MOTOR INSURERS’ BUREAU
[2010] Lloyd's Rep. IR 244
Insurance (motor) — English domiciled claimant injured in accident in Spain — Driver uninsured — Action brought against Motor Insurers’ Bureau — Whether damages to be assessed under Spanish law or English law — Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulation 13 — Rome II Regulation, article 4.
RE BRITISH AVIATION INSURANCE CO LTD
[2010] Lloyd's Rep. IR 254
Insurance — Scheme of arrangement — Application to court for sanctioning of scheme of arrangement by insurance company — Whether meetings properly summoned — Whether classes of policyholders had been properly identified — Whether scheme should be sanctioned — Distinction between solvent and insolvent scheme — Companies Act 1985, section 425.
WILKINSON v FITZGERALD AND ANOTHER
[2010] Lloyd's Rep. IR 278
Insurance (motor) — Insured person injured as passenger in his own vehicle while being driven by uninsured person — Whether insurers entitled to recover sums paid to the passenger from the passenger himself — EC Second Motor Insurance Directive, Council Directive 84/5/EEC, article 2(1) — Road Traffic Act 1988, section 151(8).
YECHIEL v KERRY LONDON LTD
[2010] Lloyd's Rep. IR 295
Insurance broker — Policy condition imposing restrictions on jewellery — Whether assured informed broker of change in circumstances.
A C WARD & SONS LTD v CATLIN (FIVE) LTD AND OTHERS
[2010] Lloyd's Rep. IR 301
Insurance (theft) — Application for summary judgment by insurers — Policy containing burglar alarm and protection maintenance terms — Whether provisions were warranties — Construction of scope of warranties.
GOLDSMITH WILLIAMS v TRAVELERS INSURANCE CO LTD
[2010] Lloyd's Rep. IR 309
Insurance (professional indemnity) — Judgment obtained by claimant against solicitors — Direct claim against liability insurers — Whether insurers had a defence based on fraud of solicitors — Third Parties (Rights Against Insurers) Act 1930.
DIRECT LINE INSURANCE PLC v FOX
[2010] Lloyd's Rep. IR 324
Claim — Fraud — Assured submitting false invoices to obtain payment under settlement agreement — Whether assured making a fraudulent claim — Whether fraudulent claim had been retracted — Validity of fraudulent claims clause under Unfair Terms in Consumer Contracts Regulations 1999.
QUINN DIRECT INSURANCE LTD v THE LAW SOCIETY OF ENGLAND AND WALES
[2010] Lloyd's Rep. IR 336
Insurance (professional indemnity) — Law Society intervening in firm of solicitors — Liability insurers requesting disclosure of all of the assured’s documents and records — Obligation of assured under policy to cooperate with insurers — Whether Law Society under a duty to comply — Solicitors Act 1974, section 37 — Civil Procedure Rules, Parts 8 and 31.
MASEFIELD AG v AMLIN CORPORATE MEMBER LTD
[2010] Lloyd's Rep. IR 345
Insurance (marine) — Piracy — Vessel seized by pirates — Ransom paid and vessel and cargo released — Whether cargo became an actual total loss on seizure — Whether cargo became a constructive total loss on seizure — Legality of payment of ransom — Marine Insurance Act 1906, sections 57 and 60.
TOROPDAR v D
[2010] Lloyd's Rep. IR 358
Insurance (motor vehicle) — Procedure — Declaratory relief — Personal injury claim — Action for negative declaration — Whether application should be granted — Whether application should be entertained in personal injury cases — CPR Part 40.20.
PORTER v ZURICH INSURANCE CO
[2010] Lloyd's Rep. IR 373
Insurance (property) — Assured deliberately setting fire to building — Insurers relying on public policy and a contractual exclusion for wilful acts — Whether assured could rely upon insanity — Failure by assured to comply with claims cooperation clause — Whether insurers entitled to damages for breach of clause.
AXA INSURANCE LTD v AKTHER & DARBY SOLICITORS AND OTHERS
[2010] Lloyd's Rep. IR 393
Insurance (after the event) — Claims against solicitors by ATE insurers — Allegation of negligent selection of risks and of negligent conduct of cases — Limitation of actions — Applicable limitation period to tort claims — Limitation Act 1980, section 2.
BARR v BIFFA WASTE SERVICES LTD AND ANOTHER
[2010] Lloyd's Rep. IR 428
Insurance (after the event) — Group Litigation Order — Application by defendant for disclosure of claimants’ ATE policy — Whether disclosure should be ordered — Case management — Civil Procedure Rules 3, 18.1, 31.14, 44.15 and Practice Direction 44.
CROWSON v HSBC INSURANCE BROKERS
[2010] Lloyd's Rep. IR 441
Insurance (directors’ and officers’) — Brokers instructed by company to place insurance — Brokers failing to do so — Whether duty of care owed to company’s director — Contracts (Rights of Third Parties) Act 1999.
CAVELL USA INC AND ANOTHER v SEATON INSURANCE CO AND ANOTHER
[2010] Lloyd's Rep. IR 445
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.
HORWOOD v LAND OF LEATHER LTD AND ANOTHER
[2010] Lloyd's Rep. IR 453
Insurance (product liability) — Claims control clause requiring assured to seek consent of insurers for settlement — Whether clause applied to claims by the assured against a third party — Implied term preventing prejudice to subrogation rights.
LOYALTREND LTD AND ANOTHER v CREECHURCH DEDICATED LTD AND OTHERS
[2010] Lloyd's Rep. IR 466
Insurance (business interruption) — Policy covering business interruption losses following material damage — Date of material damage — Condition precedent requiring immediate notification of damage — Whether assured complying with condition precedent.
MICHAEL PHILLIPS ARCHITECTS LTD v RIKLIN AND ANOTHER
[2010] Lloyd's Rep. IR 479
After the event insurance — Security for costs — Whether the existence of ATE insurance justified the refusal of security for costs — CPR Part 25.13.
SEELE AUSTRIA GMBH & CO KG v TOKIO MARINE EUROPE INSURANCE LTD (NO 3)
[2010] Lloyd's Rep. IR 490
Insurance (property) — Limitation of actions — Addition of new cause of action — Running of limitation period — Limitation Act 1980, section 35 — Civil Procedure Rules, rule 17.4(2).
US TRADING LTD v AXA INSURANCE CO LTD
[2010] Lloyd's Rep. IR 505
Insurance (fire) — Fraudulent claim — Statements by assured that warranty complied with — Whether statements false and fraudulent — Whether warranty formed part of policy — Construction of warranty — Whether warranty complied with.
R & R DEVELOPMENTS LTD v AXA INSURANCE UK PLC
[2010] Lloyd's Rep. IR 521
Insurance (property) — Utmost good faith — Alleged misrepresentation — Ambiguity of question — Proper construction of question — Waiver.
ORIENT-EXPRESS HOTELS LTD v ASSUCURAZIONI GENERALI SA
[2010] Lloyd's Rep. IR 531
Insurance (business interruption) — Hurricane causing physical damage to hotel — Whether business interruption loss caused by hurricane — Whether damage to locality to be taken into account — Arbitration — Appeal against award for error of law — Arbitration Act 1996, section 69.
MAHER AND ANOTHER v GROUPAMA GRAND EST
[2010] Lloyd's Rep. IR 543
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 — Private International Law (Miscellaneous Provisions) Act 1995 — Senior Courts Act 1981, section 35A.
ESCHIG v UNIQA SACHVERSICHERUNG AG
[2010] Lloyd's Rep. IR 552
Insurance (legal expenses) — Right of assured to select lawyer — Whether right could be removed in class action cases — Council Directive 87/344/EEC, article 4.
IRB BRASIL RESSEGUROS SA v CX REINSURANCE CO LTD
[2010] Lloyd's Rep. IR 560
Reinsurance — Excess of loss — Restricted “follow the settlements” clause — Allocation of losses across policy years — Aggregation — Meaning of “event” — Arbitration Act 1996, section 69.
CLYDESDALE FINANCIAL SERVICES LTD AND OTHERS v SMAILES AND OTHERS
[2010] Lloyd's Rep. IR 577
Insurance (financial guarantee) — Premium unpaid — Whether risk under policies attached — Whether claim for unpaid premiums extinguished by set-off — Sale of business at undervalue — Insolvency Act 1986, sections 423 to 425.
CHURCHILL INSURANCE CO LTD v WILKINSON EVANS v EQUITY CLAIMS LTD
[2010] Lloyd's Rep. IR 591
Insurance (motor) — Insured person injured as passenger in his own vehicle while being driven by uninsured person — Whether insurers entitled to recover sums paid to the passenger from the passenger himself — EC Second Motor Insurance Directive, Council Directive 84/5/EEC — Consolidated Motor Insurance Directive 2009, European Parliament and Council Directive 2009/103/EC — Road Traffic Act 1988, section 151(8) — Reference to European Court of Justice.
EQUITAS LTD v R&Q REINSURANCE CO (UK) LTD
[2010] Lloyd's Rep. IR 600
Reinsurance — LMX spiral — Losses wrongly paid by insurers and reinsurers in the spiral — Claim by retrocedant against retrocessionaires — Whether retrocedant had to prove that losses were properly paid throughout the spiral — Effect of follow the settlements clause — Validity of use of actuarial model to prove amount of loss.
ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS v ROLLS-ROYCE PLC
[2010] Lloyd's Rep. IR 637
Insurance (liability) — Jurisdiction — Proceedings commenced by assured in Florida — Insurers commencing English proceedings for negative declaratory relief — Application to stay English proceedings — Whether English court empowered to stay proceedings — Whether England the most appropriate forum — Forum non conveniens — Council Regulation (EC) No 44/2001, articles 2 and 12.
SOUSA v LONDON BOROUGH OF WALTHAM FOREST
[2010] Lloyd's Rep. IR 649
Insurance (property) — Subrogation — Assured being instructed by insurers to enter into Conditional Fee Agreement with solicitors — Whether success fee recoverable by way of costs from the defendant.
QUINN DIRECT INSURANCE LTD v THE LAW SOCIETY OF ENGLAND AND WALES
[2010] Lloyd's Rep. IR 655
Insurance (Professional indemnity) — Law Society intervening in solicitors’ practice — Liability insurers seeking disclosure of all of the solicitors’ books and records — Whether disclosure required by policy terms — Whether Law Society bound by policy terms — Whether statutory scheme for compulsory insurance required disclosure.
WICKHAM VAN EYCK v NORWICH UNION INSURANCE LTD
[2010] Lloyd's Rep. IR 664
Insurance (legal expenses) — Claim made by assured against third party — Whether claim arose out of a contract for the provision of services.
THWAITES v AVIVA ASSURANCES
[2010] Lloyd's Rep. IR 667
Insurance (liability) — Jurisdiction — Claimant injured in France — Whether English court had jurisdiction to hear a direct claim against French insurers — Council Regulation (EC) No 44/2001, article 11(2).
JONES v ENVIRONCOM LTD AND ANOTHER MILES SMITH INSURANCE BROKERS (THIRD PARTY) (NO 2)
[2010] Lloyd's Rep. IR 676
Insurance (property) — Duties of insurance broker — Policy avoided for non-disclosure — Duty of broker to warn assured of disclosure obligations — Duty of broker to ascertain facts — Whether breach of duty caused loss — Whether risk insurable with full disclosure.
A C WARD & SON LTD v CATLIN (FIVE) LTD AND OTHERS (NO 2)
[2010] Lloyd's Rep. IR 695
Insurance (theft) — Goods stolen from warehouse — Policy containing Protection Maintenance and Burglar Alarm Maintenance warranties — Equipment not functioning — Whether warranties were absolute or required the assured to correct known defects — Utmost good faith — Non-disclosure of failure to comply with security recommendations — Materiality — Inducement — Variation of policy.
VIENNA INSURANCE GROUP v BILAS
[2010] Lloyd's Rep. IR 734
Insurance — Jurisdiction — Assured sued for premium — Assured not contesting jurisdiction — Whether submission to jurisdiction conferred jurisdiction — Brussels Regulation (EC) No 44/2001, articles 12, 24 and 35.