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HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD AND ANOTHER (THE “HO FENG 7”)
[2014] Lloyd's Rep IR 1
Insurance (marine) – Warranty as to deadweight tonnage of vessel – Vessel not fulfilling terms of warranty – Whether insurer entitled to rely upon warranty – Duty of utmost good faith – Liability of insurance broker – Marine Insurance Ordinance, sections 18 and 33.
ARB INTERNATIONAL LTD v BAILLIE
[2014] Lloyd's Rep IR 10
Reinsurance - Broker - Claim against managing director following mid-term broker change - Whether managing director in breach of duty - When commission was earned.
MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD AND ANOTHER v THE MAYOR'S OFFICE FOR POLICING AND CRIME ROYAL & SUN ALLIANCE INSURANCE PLC v THE MAYOR'S OFFICE FOR POLICING AND CRIME LACE INTERNATIONAL LTD AND OTHERS v THE MAYOR'S OFFICE FOR POLICING AND CRIME
[2014] Lloyd's Rep IR 20
Insurance (property) – Riot – Definition of riot – Persons riotously and tumultuously assembled together – Whether consequential losses including loss of profit and loss of rent recoverable under Riot (Damages) Act 1886 – Public Order Act 1986, section 1.
RIDGECREST NEW ZEALAND LTD v IAG NEW ZEALAND
[2014] Lloyd's Rep IR 48
Insurance (property) – Successive unrepaired partial losses followed by total loss in the same policy year – Whether assured could recover for all losses – Construction of the policy.
TEAL ASSURANCE CO LTD v W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER
[2014] Lloyd's Rep IR 56
Reinsurance – Allocation of liabilities to underlying policies – Effect on reinsurance.
WEST MIDLANDS TRAVEL LTD v AVIVA INSURANCE UK LTD
[2014] Lloyd's Rep IR 66
Insurance (motor) – Bus damaged in motor accident – Measure of damages for public service vehicle.
BLOY AND ANOTHER v MOTOR INSURERS’ BUREAU
[2014] Lloyd's Rep IR 75
Insurance (motor) – Consolidated Motor Insurance Directive, Directive 2009/103/EC – Motor Vehicle (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, SI 2003/37, Regulations 12 and 13.
BODY CORPORATE 83501 AND OTHERS v CHRISTCHURCH CITY COUNCIL AND OTHERS
[2014] Lloyd's Rep IR 89
Insurance (liability) – Building complex allegedly defective – Broadform Liability Policy covering product liability and public liability – Whether complex itself a product.
IAG NEW ZEALAND LTD v JACKSON
[2014] Lloyd's Rep IR 97
Insurance (professional indemnity) – Insurance broker failing to obtain insurance – Broker subsequently fraudulently stating that insurance was in place – Whether exclusion for claims in connection with fraud was applicable.
OAKAPPLE HOMES (GLOSSOP) LTD v DTR (2009) LTD (IN LIQUIDATION) AND OTHERS
[2014] Lloyd's Rep IR 103
Insurance (professional indemnity) – Liability under collateral warranties – Effect of policy exclusion for liability under collateral warranties.
SEA GLORY MARITIME CO AND ANOTHER v AL SAGR NATIONAL INSURANCE CO (THE “M/V NANCY”)
[2014] Lloyd's Rep IR 112
Insurance (marine) – Misrepresentation – Non-disclosure – Materiality and inducement – Warranty that vessel was ISM compliant – Proper construction of warranty – Whether warranty broken – Illegality – Warranty of legality – Marine Insurance Act 1906, sections 3(2)(a), 18, 20 and 41.
BUPA AUSTRALIA PTY LTD v SHAW AND ANOTHER
[2014] Lloyd's Rep IR 151
Insurance (medical expenses) – Subrogation – Assured settling tort claim with surgeon – Whether assured had compromised insurers' subrogation rights – Effect of voluntary payment by insurers.
EUROPEAN RISK INSURANCE CO HF v MCMANUS AND OTHERS (TRADING AS MCMANUS SEDDON RUNHAMS)
[2014] Lloyd's Rep IR 169
Insurance (professional indemnity) – Notification of circumstances – Whether blanket notification valid – Whether declaration should have been granted – Costs.
HERRIDGE v PARKER AND ANOTHER
[2014] Lloyd's Rep IR 177
Insurance (after the event) – Insurers avoiding policy for fraud by the assured – Claim discontinued – Whether insurers liable for the defendant's costs by way of a third party costs order – Senior Courts Act 1981, section 51(3).
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v EQUITAS INSURANCE LTD
[2014] Lloyd's Rep IR 195
Reinsurance – Conflict of laws – Reinsured commencing proceedings in England and New York – Whether reinsurers entitled to an anti-suit injunction – Whether reinsured could seek a stay of the English proceedings – Applicable law.
RATHBONE BROTHERS PLC AND ANOTHER v NOVAE CORPORATE UNDERWRITING LTD AND OTHERS
[2014] Lloyd's Rep IR 203
Insurance (professional indemnity) – Scope of cover – Double insurance – Effect of clause postponing coverage to other insurance or indemnity – Whether subrogation available against a contractual indemnifier.
ARTS & ANTIQUES LTD v RICHARDS AND OTHERS
[2014] Lloyd's Rep IR 219
Insurance – Broker – Arbitration – Arbitrator dismissing claim on basis of breach of condition precedent – Further claim against insurer and broker – Issue estoppel – Abuse of process – Security for costs.
DROZDOVS v BALTIKUMS AAS
[2014] Lloyd's Rep IR 230
Insurance (motor) – Damages for non-material damage – Where domestic law recognises such damages, whether damages can be capped at a figure less than that in the Consolidated Motor Insurance Directive for personal injury – First Motor Insurance Directive, Council Directive 72/166/EEC, article 3 – Second Motor Insurance Directive, Council Directive 84/5/EEC, article 1.
SNELLER v DAS NEDERLANDSE RECHTSBIJSTAND VERZEKERINGSMAATSCHAPPIJ NV
[2014] Lloyd's Rep IR 238
Insurance (legal expenses) – Right of assured to choose his own lawyer – Legal Expenses Insurance Directive, Council Directive 87/344/EEC.
VENETICO MARINE SA v INTERNATIONAL GENERAL INSURANCE CO LTD AND OTHERS (THE “IRENE EM”)
[2014] Lloyd's Rep IR 243
Insurance (marine) – Institute Hull Clauses (Time) 1995 – Grounding – Perils of the seas – Negligence of master or crew – Actual total loss – Constructive total loss – Marine Insurance Act 1906, sections 55, 57 and 60, and schedule, para 7.
BRITISH-AMERICAN INSURANCE (KENYA) LTD V MATELEC SAL AND ANOTHER
[2014] Lloyd's Rep IR 287
Reinsurance – Insurance and reinsurance contracts contained in a single document – Arbitration clause referring only to reinsurance – Whether arbitration clause extended to insurance – Application for appointment for arbitrator – Arbitration Act 1996, section 18.
GENESIS HOUSING ASSOCIATION LTD v LIBERTY SYNDICATE MANAGEMENT LTD FOR AND ON BEHALF OF LIBERTY SYNDICATE 4472 AT LLOYD's
[2014] Lloyd's Rep IR 318
Insurance (property) – Basis of contract clause – Name of builder misstated – Whether assured warranted identity of builder – Construction of basis clause – Whether policy terms inconsistent with warranty.
IN THE MATTER OF THE ALEXANDROS T/(NO 2)/(NO 3)
[2014] Lloyd's Rep IR 327
Insurance (marine) – Conflict of laws – Settlement contract governed by English law and jurisdiction – Later proceedings in Greece – Whether English proceedings to be stayed – Brussels Judgments Regulation, Council Regulation (EC) No 44/2001, articles 27 and 28.
SPEDITION WELTER GMBH v AVANSSUR SA
[2014] Lloyd's Rep IR 360
Insurance (motor) – Accident occurring in France – Proceedings brought in Germany – Service on insurers' nominated claims representative in Germany – Scope of authority required of claims representative – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC, article 21(5).
COLES AND OTHERS v HETHERTON AND OTHERS
[2014] Lloyd's Rep IR 367
Insurance (motor) – Damaged vehicle – Measure of damages – Subrogation – Significance of insurer's conduct in arranging repairs.
CRYSTAL IMPORTS LTD v CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON AND ANOTHER
[2014] Lloyd's Rep IR 379
Insurance (property) – Successive losses – Measure of indemnity – Automatic reinstatement clause – Marine Insurance Act 1908 (NZ), section 77(2) – Average.
EQUITAS LTD AND ANOTHER v WALSHAM BROTHERS & CO LTD
[2014] Lloyd's Rep IR 398
Reinsurance – Brokers – Recovery of claims and return premiums from brokers – Nature of duty of broker to collect money from reinsurers – Duty of care – Restitution – Whether duty absolute or continuing – Whether compound interest awardable for failure to remit funds – Nature of equitable set-off – Limitation of actions.
XYZ v VARIOUS (THE PIP BREAST IMPLANT LITIGATION)
[2014] Lloyd's Rep IR 431
Insurance (liability) - Disclosure by defendant of its insurance position - Civil Procedure Rules, 3.1(2)(m) and 18.1.
CLARK AND ANOTHER v IN FOCUS ASSET MANAGEMENT & TAX SOLUTIONS LTD FINANCIAL OMBUDSMAN SERVICE (INTERVENING)
[2014] Lloyd's Rep IR 437
Financial Ombudsman Service – Award made up to statutory maximum – Ombudsman recommending payment above statutory maximum – Whether applicant able to sue for amount recommended – Res judicata – Cause of action estoppel – Financial Services and Markets Act 2000, Part XVI.
HOTELES PINERO CANARIAS SL v KEEFE
[2014] Lloyd's Rep IR 455
Insurance (liability) – Jurisdiction – Direct action against insurers – Joinder of assured to proceedings – Brussels Regulation, European Council Regulation (EC) No 44/2001, article 11.
SAN EVANS MARITIME INC AND OTHERS v AIGAION INSURANCE CO SA (THE “ST EFREM”)
[2014] Lloyd's Rep IR 462
Insurance (marine) – Leading underwriter clause – Effect of settlement made by leading underwriter on following insurers – Contracts (Rights of Third Parties) Act 1999.
SAVASH v CIS GENERAL INSURANCE LTD
[2014] Lloyd's Rep IR 471
Insurance (property) – Fraudulent claim – Fraudulent exaggeration – Fraudulent means or devices – Effect of fraud on genuine part of claim – Agency.
TOKIO MARINE EUROPE INSURANCE LTD v NOVAE CORPORATE UNDERWRITING LTD
[2014] Lloyd's Rep IR 490
Reinsurance (retrocession) – Aggregation – Scope of retrocession cover – Duty of retrocessionaire to follow settlements – Standard of proof of retrocedant as to coverage of reinsurance – Effect of settlement by reinsured on retrocession.
ASTRAZENECA INSURANCE CO LTD v XL INSURANCE (BERMUDA) LTD AND ANOTHER
[2014] Lloyd's Rep IR 509
Reinsurance – Liability insurance – Bermuda Form – Whether New York law relevant – Liability of assured to policy holder 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.
BATE v AVIVA INSURANCE UK LTD
[2014] Lloyd's Rep IR 527
Insurance (property) – Utmost good faith – Materiality and inducement – Failure to disclose building and business activities on adjoining buildings – False statements about previous claims – ICOB.
MILTON FURNITURE LTD v BRIT INSURANCE LTD
[2014] Lloyd's Rep IR 540
Insurance (property) – Two conditions as to maintenance of burglar alarm – Interrelationship of the two conditions – Whether assured in breach by failing to pay charges to alarm monitoring service.
SKYWARD AVIATION 2008 LTD v TOWER INSURANCE LTD
[2014] Lloyd's Rep IR 565
Insurance (property) – Measure of indemnity – Whether policy conferred decision as to basis of recovery on assured or on insurer.
Delaney v Secretary of State for Transport
[2014] Lloyd's Rep IR 575
Reinsurance – Liability insurance – Bermuda Form – Whether New York law relevant – Liability of assured to policy holder 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.
KRAAL AND ANOTHER v THE EARTHQUAKE COMMISSION AND ANOTHER
[2014] Lloyd's Rep IR 596
Insurance (property) – Meaning of “physical loss or damage” – House not damaged but not fit to occupy from danger of rockfalls – Whether cover attached – Earthquake Commission Act 1993 (New Zealand).
MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD AND OTHERS v MAYOR'S OFFICE FOR POLICING AND CRIME
[2014] Lloyd's Rep IR 612
Insurance (property) – Riot – Definition of riot – Persons riotously and tumultuously assembled together – Whether consequential losses including loss of profit and loss of rent recoverable under Riot (Damages) Act 1886 – Public Order Act 1986, section 1.
TOKIO MARINE EUROPE INSURANCE LTD v NOVAE CORPORATE UNDERWRITING LTD (NO 2)
[2014] Lloyd's Rep IR 638
Reinsurance – Follow the settlements – Whether reinsured under a duty to investigate coverage of policy and facts underlying claim.
AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE “PRINCESS OF THE STARS”)
[2014] Lloyd's Rep IR 645
Reinsurance – Marine policy – Warranty in reinsurance against leaving port or adopting intended route where a typhoon or storm warning was in force – Construction of warranty – Whether warranty broken.
BACHE AND OTHERS v ZURICH INSURANCE PLC
[2014] Lloyd's Rep IR 663
Insurance (house building) – Policy covering loss if building not completed – Causation – Whether loss due to liquidation of developer – Unfair Terms in Consumer Contracts Regulations 1999.
FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST v FEDERAL-MOGUL LTD AND OTHERS
[2014] Lloyd's Rep IR 671
Reinsurance – Duty of reinsurers under policy to act in a businesslike fashion in the spirit of good faith and fair dealing – Whether claimants against the assured could seek declaratory relief as to the obligations of the reinsurers – Meaning of reinsurers’ duty.