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EMPLOYERS’ LIABILITY POLICY TRIGGER LITIGATION DURHAM v BAI (RUN OFF) LTD (IN SCHEME OF ARRANGEMENT) (LEAD CASE 1) FLEMING & EDDLESTON v INDEPENDENT INSURANCE CO LTD (IN PROVISIONAL LIQUIDATION) (LEAD CASE 2) EDWARDS v EXCESS INSURANCE CO LTD (LEAD CASE 3) THOMAS BATES & SON LTD v BAI (RUN OFF) LTD (IN SCHEME OF ARRANGEMENT) (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 AND OTHERS (LEAD CASE 6)
[2011] Lloyd's Rep. IR 1
Liability insurance (employers’ liability) — Trigger of cover — Mesothelioma — Whether cover for “injury sustained” was on an exposure or injury basis — Whether cover for “disease contracted” was on an exposure or injury basis — Employers’ Liability (Compulsory Insurance) Act 1969.
WIDEFREE LTD v BRIT INSURANCE LTD
[2011] Lloyd's Rep. IR 63
Insurance (Theft) — Loss of ring from jeweller’s shop — Effect of “Unexplained Loss Exclusion” — Whether assured in breach of claims cooperation clause.
YEGANEH v ZURICH PLC ZURICH INSURANCE CO
[2011] Lloyd's Rep. IR 75
Insurance (property) — Fire damaging premises and contents — Whether insurers had proved that the assured started the fire — Whether the insurers had proved that the assured had made an excessive claim for loss of contents — Effect of fraudulent claim.
NATIONAL FARMERS UNION MUTUAL INSURANCE SOCIETY LTD v HSBC INSURANCE (UK) LTD
[2011] Lloyd's Rep. IR 86
Insurance (property) — Double insurance — Contribution between insurers — Two policies covering loss — One policy containing excess clause and one policy containing rateable proportion clause — Whether excess policy insurer liable to contribute.
PERSIMMON HOMES LTD AND ANOTHER v GREAT LAKES REINSURANCE (UK) PLC
[2011] Lloyd's Rep. IR 101
Insurance (after the event) — Non-disclosure and misrepresentation — Whether insurers induced by false statements and failures to disclose — Whether insurers waived right to avoid.
COMMISSIONERS FOR HER MAJESTY’S REVENUE & CUSTOMS v INSURANCEWIDE.COM SERVICES LTD AND ANOTHER
[2011] Lloyd's Rep. IR 120
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 — Sixth EC Council Directive on VAT.
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES v STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD HM TREASURY (INTERESTED PARTY)
[2011] Lloyd's Rep. IR 145
Insurance (marine) — Termination of cover by P&I Club — Whether contract affected by supervening illegality — Whether contract frustrated — International Convention on Civil Liability for Bunker Oil Pollution Damages 2001.
STONEBRIDGE UNDERWRITING LTD v ONTARIO MUNICIPAL INSURANCE EXCHANGE
[2011] Lloyd's Rep. IR 171
Reinsurance — Conflict of laws — Policy brokered and issued in England — Proceedings commenced in Ontario by insurers and in England by reinsurers — Forum non conveniens — Law applicable to the reinsurance agreement — Rome Convention, articles 3 and 4.
OMEGA PROTEINS LTD v ASPEN INSURANCE UK LTD
[2011] Lloyd's Rep. IR 183
Insurance (product liability) — Policy excluding liability arising under contract — Judgment against assured based on breach of contract — Whether assured entitled to assert liability in tort — Burden of proof — Third Parties (Rights Against Insurers) Act 1930.
SUGAR HUT GROUP LTD AND OTHERS v GREAT LAKES REINSURANCE (UK) PLC AND OTHERS
[2011] Lloyd's Rep. IR 198
Insurance (property) — Nightclub damaged by fire — Whether insurers entitled to avoid policy by reason of non-disclosure of assured’s change of identity — Breach of warranty — Whether policy terms requiring inspection and no contact with combustible materials were warranties — Waiver of breach of warranty — Whether burglar alarm obligation was a warranty or a suspensory provision — Construction of ambiguous condition precedent.
TRAVELERS INSURANCE CO LTD v COUNTRYWIDE SURVEYORS LTD
[2011] Lloyd's Rep. IR 213
Insurance (professional indemnity) — Arbitration — Power of court to order pre-trial disclosure — Senior Courts Act 1981, sections 33 and 37 — Arbitration Act 1996, section 44(2) and (3) — Civil Procedure Rules, rule 31.16.
THE OWNERS AND/OR DEMISE CHARTERERS OF THE DREDGER “KAMAL XXVI” AND THE BARGE “KAMAL XXIV” v THE OWNERS OF THE SHIP “ARIELA” THE OWNERS OF THE SHIP “ARIELA” v CATLIN (FIVE) LTD AND OTHERS
[2011] Lloyd's Rep. IR 220
Insurance — Costs — Insurers bringing subrogation action — Claim shown to be fraudulent — Whether insurers liable for defendant’s costs — Whether privilege available to prevent disclosure of documents — Senior Courts Act 1981, section 51.
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v ACE INSURANCE LTD AND OTHERS
[2011] Lloyd's Rep. IR 230
Insurance (business interruption) — Outbreak of respiratory disease — Operations of hotel affected — Date of application of policy — Duration of indemnity period — Recovery of claims preparation costs.
JOSEPH FIELDING PROPERTIES (BLACKPOOL) LTD v AVIVA INSURANCE LTD
[2011] Lloyd's Rep. IR 238
Insurance (property) — Fraudulent claim — Effect of fraud clause — Non-disclosure of previous fraud and previous failures to disclose — Whether insurers entitled to avoid policy — Rehabilitation of Offenders Act 1974, section 4.
SHC CAPITAL LTD v NTUC INCOME INSURANCE COOPERATIVE LTD
[2011] Lloyd's Rep. IR 271
Insurance (liability) — Double insurance — Contribution and reimbursement — Payment by claimant insurer — Indemnity sought from defendant insurer — Whether defendant insurer liable — Effect of voluntary payment by claimant insurer.
TEAL ASSURANCE CO LTD v W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER
[2011] Lloyd's Rep. IR 285
Reinsurance — Allocation of liabilities to underlying policies — Effect on reinsurance.
ASSOCIATION BELGE DES CONSOMMATEURS TEST-ACHATS ASBL AND OTHERS v CONSEIL DES MINISTRES OF THE KINGDOM OF BELGIUM
[2011] Lloyd's Rep. IR 296
Insurance (life) — Sex discrimination — Whether it is lawful for a member state to allow differential premiums and benefits based on sex — European Parliament and Council Directive 2004/113/EC, article 5(2) — EU Treaty, article 6(2) — Charter of Fundamental Human Rights, articles 21 and 23.
GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE “CENDOR MOPU”)
[2011] Lloyd's Rep. IR 302
Insurance (marine) — Cargo insurance — Oil rig transported on barge lost legs due to fatigue cracking — Whether loss due to perils of the sea — Exclusion for inherent vice — Proximate cause of loss — Institute Cargo Clauses (A) terms — Marine Insurance Act 1906, sections 39, 40 and 55.
REDWING CONSTRUCTION LTD v WISHART
[2011] Lloyd's Rep. IR 331
Insurance (after the event) — Recovery of premium by way of costs — Reasonableness of premium — Civil Procedure Rules, Parts 44.3 and 44.4.
MASEFIELD AG v AMLIN CORPORATE MEMBER LTD (THE “BUNGA MELATI DUA”)
[2011] Lloyd's Rep. IR 338
Insurance (marine) — Piracy — Theft — 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 — Suing and labouring — Marine Insurance Act 1906, sections 57 and 78(4) — Theft Act 1968, section 6.
JACOBS v MOTOR INSURERS BUREAU
[2011] Lloyd's Rep. IR 355
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, Regulations 12 and 13.
GARNAT TRADING & SHIPPING (SINGAPORE) PTE LTD AND ANOTHER v BAOMINH INSURANCE CORPORATION
[2011] Lloyd's Rep. IR 366
Insurance (marine) — Voyage policy on floating dock — Damage suffered in tropical storm — Whether dock seaworthy — Voyage in stages — Whether assured failed to disclose material facts — Inducement and waiver — Marine Insurance Act 1906, sections 18(3) and 39.
WILLIAM MCILROY SWINDON LTD AND ANOTHER v QUINN INSURANCE LTD
[2011] Lloyd's Rep. IR 407
Insurance (liability) — Arbitration — Time bar — Insurers denying liability for potential future claim against assured — Whether dispute arising between the parties at that point — Whether assured able to bring judicial proceedings — Extension of time for arbitration — Arbitration Act 1996, section 12 — Third Parties (Rights Against Insurers) Act 1930.
ARGO SYSTEMS FZE v LIBERTY INSURANCE (PTE) AND ANOTHER
[2011] Lloyd's Rep. IR 427
Insurance (marine) — TOWCON excluding liability for damage to vessel — Policy containing warranty against holding towers harmless — Whether warranty broken — Whether insurers estopped from relying on breach of warranty — Misrepresentation — Whether insurers waived right to avoid — Whether insurers entitled to recover damages under Misrepresentation Act 1967, section 2(1).
AXA CORPORATE SOLUTIONS SA v NATIONAL WESTMINSTER BANK PLC MARSH LTD (PART 20 DEFENDANT)
[2011] Lloyd's Rep. IR 438
Insurance — Renewal — Offer and acceptance — Whether renewal excluded terrorism.
HARRISON AND ANOTHER v BLACK HORSE LTD
[2011] Lloyd's Rep. IR 455
Insurance (payment protection) — Sale by bank in conjunction with loan — Whether bank in breach of Insurance Conduct of Business Rules — Whether bank negligent — Whether unfair relationship existed — Financial Services and Markets Act 2000, section 150 — ICOB rules 2.3 and 4.3 — Consumer Credit Act 1974, section 140A.
MUJUR BAKAT SDN BHD AND ANOTHER v UNI.ASIA GENERAL INSURANCE BHD AND OTHERS (THE “MUJUR 1”)
[2011] Lloyd's Rep. IR 465
Insurance (marine) — Jurisdiction — Policy governed by English law — No choice of jurisdiction — Whether England the most appropriate forum.
MELINDA HOLDINGS SA v HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD (THE “SILVA”)
[2011] Lloyd's Rep. IR 470
Insurance (marine) — Seizure of vessel — Whether loss the result of “ordinary judicial process”, “action taken for the purpose of enforcing or securing payment of a claim” or “any financial cause of any nature” — Suing and labouring clause — Effect of breach.
GARD MARINE & ENERGY LTD AND ANOTHER v GLACIER REINSURANCE AG AND ANOTHER
[2011] Lloyd's Rep. IR 489
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, articles 5 and 6.
SYNERGY HEALTH (UK) LTD v CGU INSURANCE PLC AND OTHERS
[2011] Lloyd's Rep. IR 500
Insurance (material damage and business interruption) — Loss caused by fire — Statement made by assured during currency of policy as to installation of intruder alarm — Whether failure to correct statement amounted to misrepresentation on renewal — Non-disclosure — Waiver of disclosure — Whether fact covered by a warranty — Duty of broker — Measure of indemnity under business interruption policy — Interest — Marine Insurance Act 1906, sections 18(3) and 20.
YEGANEH v ZURICH PLC AND ANOTHER
[2011] Lloyd's Rep. IR 540
Insurance (fire) — Finding of fraud by trial judge — Whether evidence supported finding of fraud.
AXA SEGUROS SA DE CV v ALLIANZ INSURANCE PLC AND OTHERS
[2011] Lloyd's Rep. IR 544
Reinsurance — Reports obtained by reinsurers — Whether litigation protected by litigation privilege — Whether litigation possible when reports were made — Purpose of commissioning of reports — Loss of privilege.
GREENE WOOD MCLEAN LLP v TEMPLETON INSURANCE LTD
[2011] Lloyd's Rep. IR 557
Insurance (after the event) — Assureds incurring costs in losing application for group litigation order — Insurers refusing indemnity — Solicitors indemnifying assured under guarantee — Whether solicitors had action against ATE insurers — Implied term — Restitution — Contribution — Whether solicitors and counsel owed duty of care to insurers — Civil Liability (Contribution) Act 1978.
AXL RESOURCES LTD v ANTARES UNDERWRITING SERVICES LTD AND ANOTHER
[2011] Lloyd's Rep. IR 598
Insurance (all risks) — Mysterious disappearance clause — Cobalt disappearing from warehouse — Burden of proof — Interest.
ZURICH PROFESSIONAL LTD v BROWN AND ANOTHER
[2011] Lloyd's Rep. IR 607
Insurance (professional indemnity) — Whether solicitor covered by liability policy — Meaning of “Private Legal Practice” — Meaning of “in connection with the Firm’s practice” — Third Parties (Rights Against Insurers) Act 1930.
FOLGATE LONDON MARKET LTD v CHAUCER INSURANCE PLC
[2011] Lloyd's Rep. IR 623
Insurance (motor) — Settlement agreement between assured and broker — Broker’s liability to terminate in the event of the assured’s insolvency — Validity of termination clause — Non-deprivation principle.
SOUSA v LONDON BOROUGH OF WALTHAM FOREST COUNCIL
[2011] Lloyd's Rep. IR 631
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.
CARSWELL v SECRETARY OF STATE FOR TRANSPORT AND ANOTHER
[2011] Lloyd's Rep. IR 644
Insurance (motor) — Motor Insurers’ Bureau — Untraced Drivers’ Agreement 2003 — Second Motor Insurance Directive, Council Directive 84/5/EEC — Compatibility of Agreement with EU law — Independence of MIB — Costs cap — Enforcement of Agreement — Contracts (Rights of Third Parties) Act 1999.
GARNAT TRADING & SHIPPING (SINGAPORE) PTE LTD AND ANOTHER v BAOMINH INSURANCE CORPORATION
[2011] Lloyd's Rep. IR 667
Insurance (marine) — Voyage policy on floating dock — Damage suffered in tropical storm — Whether dock seaworthy — Voyage in stages — Whether assured failed to disclose material facts — Inducement and waiver — Marine Insurance Act 1906, sections 18(3) and 39.
QUANTUM CLAIMS COMPENSATION SPECIALISTS LTD v WREN INSURANCE SERVICES
[2011] Lloyd's Rep. IR 688
Insurance (after the event) — Three additional defendants added to claim — Whether consent of insurers should have been sought under policy.
WILLIAM MCILROY (SWINDON) LTD AND OTHERS v QUINN INSURANCE LTD
[2011] Lloyd's Rep. IR 697
Insurance (liability) — Arbitration — Time bar — Insurers denying liability for potential future claim against assured — Whether dispute arising between the parties at that point.