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ACE EUROPEAN LTD AND OTHERS v HOWDEN GROUP LTD AND ANOTHER

[2013] Lloyd's Rep. IR 1

Insurance (liability) - Conflict of laws - Jurisdiction - Negative declaratory relief - Applicable law - Whether England most appropriate forum for hearing of claim - CPR PD 6B, para 3.1(6).

COLES AND OTHERS v HETHERTON AND OTHERS

[2013] Lloyd's Rep. IR 9

Insurance (motor) - Damaged vehicle - Measure of damages - Subrogation - Significance of insurer's conduct in arranging repairs.

DELANEY v PICKETT AND ANOTHER

[2013] Lloyd's Rep. IR 24

Insurance (motor) - Tort - Ex turpi causa - Claimant injured while being carried as passenger in defendant's vehicle - Both claimant and defendant in possession of cannabis - Whether claimant's tort action barred by ex turpi causa defence - Whether Motor Insurers' Bureau liable - MIB Uninsured Drivers Agreement 1999, clause 6.

HOBBINS v ROYAL SKANDIA LIFE ASSURANCE LTD

[2013] Lloyd's Rep. IR 42

Insurance broker - Commission - Broker not disclosing amount of commission to assured - Whether broker in breach of fiduciary duty - Whether assured had the right to avoid the policy - Prevention of Bribery Ordinance (Cap 201).

QUIRKCO INVESTMENTS LTD v ASPRAY TRANSPORT LTD

[2013] 1 Lloyd's Rep. IR 55

Insurance (property) â Landlord and tenant â Whether tenant bound to pay premium to landlord â Whether obligation to pay depended upon payment by landlord â Whether landlord failed to note interest of tenant on policy â Loss of subrogation rights.

RIDGECREST NZ LTD v IAG NEW ZEALAND LTD

[2013] Lloyd's Rep. IR 67

Insurance (property - Measure of indemnity - Assured suffering four losses during currency of policy - Whether unrepaired partial losses merged into total loss - Whether reinstatement frustrated by later events - Marine Insurance Act 1908, section 77.

STYCH v DIBBLE AND ANOTHER

[2013] Lloyd's Rep. IR 80

Insurance (motor)- Vehicle unlawfully taken - Action by passenger - Whether passenger knew that vehicle was unlawfully taken - Road Traffic Act 1988, section 151 - Second Motor Insurance Directive, Council Directive 84/5/EEC.

SUTHERLAND PROFESSIONAL FUNDING LTD v BAKEWELLS AND OTHERS CHARTIS INSURANCE (UK) LTD (THIRD PARTY)ROYAL & SUN ALLIANCE INSURANCE PLC (FOURTH PARTY)

[2013] Lloyd's Rep. IR 93

Insurance (professional indemnity) - Solicitor - Interim funding arrangements between clients and lender - Solicitors guaranteeing repayment - Whether liability under guarantee covered by professional indemnity policy - Whether debt constituted damages or compensation - Whether liability excluded by "trading debts" exclusion.

SEALION SHIPPING LTD AND ANOTHER v VALIANT INSURANCE COMPANY(THE "TOISA PISCES")

[2013] Lloyd's Rep. IR 122

Insurance (marine) - Loss of hire policy - Causation - Aggregation - Whether one or three occurrences giving rise to loss.

AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE “PRINCESS OF THE STARS”)

[2013] Lloyd's Rep. IR 131

Reinsurance (excess of loss) – Conflict of laws – Claim against the reinsured in the Philippines under policy governed by local law – Excess of loss reinsurance agreement governed by English law and subject to English jurisdiction – Claim by reinsurers for negative declaratory relief – Whether action should be stayed – Senior Courts Act 1981, section 43(3) – CPR 3.1(2)(f).

CHURCHILL INSURANCE CO LTD v FITZGERALD AND ANOTHER EVANS v COCKAYNE AND ANOTHER SECRETARY OF STATE FOR TRANSPORT (INTERVENING)

[2013] Lloyd's Rep. IR 137

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 – Consolidated Motor Insurance Directive 2009, European Parliament and Council Directive 2009/103/EC – Road Traffic Act 1988, section 151(8).

FAIRCLOUGH HOMES LTD v SUMMERS

[2013] Lloyd's Rep. IR 159

Insurance (liability) – Fraudulent claim against assured – Whether claim could be struck out after judgment given – Interest – Costs – Contempt of court – CPR 3.4(2) and 32.14(1) – Inherent jurisdiction.

TED BAKER PLC AND ANOTHER v AXA INSURANCE UK PLC AND OTHERS

[2013] Lloyd's Rep. IR 174

Insurance (property and business interruption) – Whether employee theft was excluded – Construction – Estoppel by convention – Rectification – Misrepresentation.

AXN AND OTHERS v WORBOYS AND ANOTHER

[2013] Lloyd's Rep. IR 207

Insurance (motor) – Vehicle used to carry out sexual assaults – Whether motor insurers were liable – Whether claims arose out of use of vehicle on road – Whether policy covered claims – “Accident” – Social, domestic or pleasure purposes – Primary purpose – Road Traffic Act 1988, sections 145 and 151.

CHEUNG KWAN WAH v CHINA PING AN INSURANCE (HONG KONG) CO LTD

[2013] Lloyd's Rep. IR 230

Insurance (motor) – Duty of disclosure – Limited question – Assured not disclosing disqualifications and speeding – Whether facts material – Whether disclosure waived.

DIGITAL SATELLITE WARRANTY COVER LTD v FINANCIAL SERVICES AUTHORITY

[2013] Lloyd's Rep. IR 236

Insurance (regulation) – Repair and replacement of defective or damaged equipment – Whether amounting to insurance business for miscellaneous financial loss – Winding up of unauthorised insurer – Financial Services and Markets Act 2000, sections 19 and 367 – Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544, article 10, class 16.

NULTY AND OTHERS v MILTON KEYNES BOROUGH COUNCIL

[2013] Lloyd's Rep. IR 243

Insurance (public liability) – Test for determining cause of loss – Third Parties (Rights Against Insurers) Act 1930.

PARKER AND ANOTHER v NATIONAL FARMERS UNION MUTUAL INSURANCE SOCIETY LTD

[2013] Lloyd's Rep. IR 253

Insurance (fire) – Composite policy – Deliberate destruction by one co-assured – Non-disclosure of previous fraudulent claims – Effect of fraud and non-disclosure by one co-assured – Subrogation – Condition precedent relating to claims – Effect of breach – Whether breach excused by Unfair Terms in Consumer Contracts Regulations 1999 – Effect of ICOBS 8.

AIOI NISSAY DOWA INSURANCE CO LTD v HERALDGLEN LTD AND ANOTHER

[2013] Lloyd's Rep. IR 281

Reinsurance (excess of loss) – Aggregation – Whether 9/11 attacks on World Trade Center constituted one event or two – Arbitration Act 1996, section 69.

ASTRAZENECA INSURANCE CO LTD v XL INSURANCE (BERMUDA) LTD AND ANOTHER

[2013] Lloyd's Rep. IR 290

Reinsurance – Liability insurance – Bermuda Form – Whether New York law relevant – Liability of assured to policyholder for defence costs and settlement – Whether reinsured had to prove liability of assured as a matter of law – Whether reinsured liable for defence costs where claim itself not covered by policy.

AXA INSURANCE UK PLC v THERMONEX LTD

[2013] Lloyd's Rep. IR 323

Insurance (public liability and contractors' all risks) – Property allegedly defective – Whether public liability policy covered remediation costs – Notification clauses – Whether condition precedent – Whether failure to notify – Negative declaratory relief – CPR 40.20.

HAWKSFORD TRUSTEES JERSEY LTD v STELLA GLOBAL UK LTD AND ANOTHER

[2013] Lloyd's Rep. IR 337

Insurance (after the event) – Respondent successful at trial – Appellant appealed – Respondent took out ATE policy just before appeal hearing – Appeal dismissed – Whether ATE premium representing risk of trial judge's costs award being overturned awardable by way of costs by Court of Appeal – Access to Justice Act 1999, section 29.

EUI LTD v BRISTOL ALLIANCE LIMITED PARTNERSHIP

[2013] Lloyd's Rep. IR 351

Insurance (motor) – Damage caused by allegedly deliberate act – Whether motor insurer liable to indemnify victim – Road Traffic Act 1988, sections 145, 148 and 151 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

BROWN-QUINN AND ANOTHER v EQUITY SYNDICATE MANAGEMENT LTD AND ANOTHER

[2013] Lloyd's Rep. IR 371

Insurance (legal expenses, before the event cover) – Insurers appointing panel solicitors at fixed rates – Whether assured required to use panel solicitors – Whether assured permitted to use other solicitors at higher rates – Effect of policy term bringing cover to an end on change of solicitors – Legal Expenses Insurance Directive, Council Directive 87/344/EEC – Insurance Companies (Legal Expenses Insurance) Regulations 1990.

INTERNATIONAL ENERGY GROUP LTD v ZURICH INSURANCE PLC UK

[2013] Lloyd's Rep. IR 379

Insurance (employers' liability) – Mesothelioma – Claim against employer governed by law of Guernsey – Employer liable only for proportion of loss – Effect on insurance claim.

PACIFIC CHEMICALS PTE LTD v MSIG INSURANCE (SINGAPORE) PTE LTD

[2013] Lloyd's Rep. IR 389

Insurance (property damage) – Heating system shut down – Acid in tank solidifying and tank itself buckling – Whether damage “unforeseen and sudden” – Proximate cause of loss.

SINGH v YAQUBI

[2013] Lloyd's Rep. IR 398

Insurance (motor) – Cost of hiring replacement vehicle – Business use – Whether claimant established a need for a replacement vehicle.

TURVILLE HEATH INC v CHARTIS INSURANCE

[2013] Lloyd's Rep. IR 404

Insurance (property) - Dispute resolution clause - Insurers seeking stay of legal proceedings - Whether parties had agreed to arbitrate - Nature of dispute - Stay of proceedings under inherent jurisdiction - Arbitration Act 1996, sections 6 and 9 - Senior Courts Act 1981, section 49.

ACE EUROPEAN GROUP AND OTHERS v STANDARD LIFE ASSURANCE LTD

[2013] Lloyd's Rep. IR 415

Insurance (professional indemnity) – Mitigation Costs – Assured establishing Fund and inviting claims by customers – Whether costs of establishing fund constituted Mitigation Costs – Whether mixed motive of assured in establishing fund justified apportionment.

CLARK AND ANOTHER v IN FOCUS ASSET MANAGEMENT & TAX SOLUTIONS LTD

[2013] Lloyd's Rep. IR 430

Financial Ombudsman Service – Award made up to statutory maximum – Ombudsman recommending payment above statutory maximum – Whether applicant able to sue for amount recommended – Doctrine of merger – Financial Services and Markets Act 2000, part XVI.

MARCHAND AND OTHERS v JACKSON

[2013] Lloyd's Rep. IR 440

Insurance broker – Duty of care – Failure by broker to place insurance – Whether broker in breach of duty – Whether risk insurable – Contributory negligence.

MARQUES ALMEIDA v COMPANHIA DE SEGUROS FIDELIDADEMUNDIAL SA AND OTHERS

[2013] Lloyd's Rep. IR 452

Insurance (motor) – Injury to passenger – Portuguese law restricting liability where passenger at fault – Whether rule consistent with EU law – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

O'LOUGHLIN AND ANOTHER v TOWER INSURANCE LTD

[2013] Lloyd's Rep. IR 458

Insurance (property) – Building damaged by earthquakes – Building in red zone area – Whether red zoning meant physical loss or damage had been sustained – Measure of indemnity.

ACE EUROPEAN GROUP LTD AND OTHERS v CHARTIS INSURANCE UK LTD

[2013] Lloyd's Rep. IR 485

Insurance (marine) – Cargo damaged – Whether damage occurred before or after delivery – Doctrine of proximate cause – Proof of cause.

BATE v AVIVA INSURANCE UK LTD

[2013] Lloyd's Rep. IR 492

Insurance (property) – Utmost good faith – Materiality and inducement – Failure to disclose building and business activities on adjoining buildings – False statements about previous claims – ICOB – Financial Services and Markets Act 2000, section 150.

HOWDEN NORTH AMERICA INC AND ANOTHER v ACE EUROPEAN GROUP LTD AND OTHERS

[2013] Lloyd's Rep. IR 512

Insurance (liability) – Conflict of laws – Jurisdiction – Negative declaratory relief – Applicable law – Whether England most appropriate forum for hearing of claim – CPR PD 6B, para 3.1(6).

JOYCE v O'BRIEN AND ANOTHER

[2013] Lloyd's Rep. IR 523

Insurance (motor) – Duty of care – Ex turpi causa – Claimant injured while leaving scene of a theft in a van driven by the defendant – Whether claimant could recover from defendant for negligent driving.

MCMANUS AND OTHERS v EUROPEAN RISK INSURANCE CO

[2013] Lloyd's Rep. IR 533

Insurance (liability) – Claims made policy – Notification of circumstances – Whether notification valid without identifying claimants and transactions – Declaratory relief in advance of claims being made against the assured.

TJK (NZ) LTD v MITSUI SUMITOMO INSURANCE CO LTD

[2013] Lloyd's Rep. IR 545

Insurance (property) – Measure of indemnity – Building destroyed by earthquake – Whether assured entitled to payment of indemnity before reinstatement.

TURVEY TRUSTEE LTD v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD

[2013] Lloyd's Rep. IR 552

Insurance – Damage to property – Insurers required to pay full replacement cost – Insurers required to pay additional costs – Method of calculating costs.

BEAZLEY UNDERWRITING LTD AND OTHERS v AL AHLEIA INSURANCE CO AND OTHERS

[2013] Lloyd's Rep. IR 561

Interpretation – Whether reinsured had compromised or settled claim – Whether reinsurers had been given opportunity to control negotiations.

VERSLOOT DREDGING BV v HDI-GERLING INDUSTRIE VERSICHERUNG AG (THE “DC MERWESTONE”)

[2013] Lloyd's Rep. IR 582

Insurance (marine) – Time policy – Institute Time Clauses Hulls 1983 – Institute Additional Perils Clauses – Perils of the seas – Inchmaree clause – Negligence of crew and repairers – Due diligence – Whether vessel unseaworthy – Measure of indemnity – Fraudulent claim – Fraudulent means and devices – Marine Insurance Act 1906, sections 39(5), 55 and 69.

A J BUILDING AND PLASTERING LTD v TURNER AND OTHERS

[2013] Lloyd's Rep. IR 629

Insurance (property) – Insurers appointing contractors to repair insured premises – Sub-contractors appointed – Insurers paying contractors – Sub-contractors unpaid – Whether sub-contractors had a claim for payment against assureds – Unfair Terms in Consumer Contracts Regulations 1999 – Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008.

LLR: Insurance & Reinsurance