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LLR: Insurance & Reinsurance Plus RSS feed

MUNICH RE CAPITAL LTD v ASCOT CORPORATE NAME LTD

Reinsurance – Back-to-back cover – Duration of reinsurance – Period of cover for construction all risks policy extended – No extension of reinsurance – Whether reinsurance cover applied.

[2020] Lloyd's Rep. IR Plus 2

CORBETT AND OTHERS v VERO INSURANCE NEW ZEALAND LTD

Insurance (contract works) – Windows scratched by subcontractors – Policy excluding any part of the contract works “defective in material or workmanship” – Distinction between “damage” and “defect”.

[2020] Lloyd's Rep. IR Plus 6

R (ON THE APPLICATION OF CRITCHLEY) v FINANCIAL OMBUDSMAN SERVICE LTD BANK OF SCOTLAND PLC (TRADING AS HALIFAX) (FIRST INTERESTED PARTY) THE FINANCIAL CONDUCT AUTHORITY (SECOND INTERESTED PARTY)

Insurance (payment protection insurance) – Allegation of mis-selling – Complaint dismissed by Financial Ombudsman Service – Judicial review – Whether Ombudsman decision perverse or irrational – Utmost good faith – Financial Services and Markets Act 2000, section 228(2) – Financial Conduct Authority Handbook DISP.

[2020] Lloyd's Rep. IR Plus 9

RUST-HACKNER AND OTHERS v NÜRNBERGER VERSICHERUNG AKTIENGESELLSCHAFT ÖSTERREICH KL v UNIQA ÖSTERREICH VERSICHERUNGEN AG LK v DONAU VERSICHERUNG AG VIENNA INSURANCE GROUP MJ v ALLIANZ ELEMENTAR LEBENSVERSICHERUNGS-AKTIENGESELLSCHAFT NI v ALLIANZ ELEMENTAR LEBENSVERSICHERUNGS-AKTIENGESELLSCHAFT

Insurance (life) – Cooling-off period – Running of time – Effect of insurers failing to provide accurate information as to right of cancellation in cooling off period – European Parliament and Council Directive 2009/138/EC (Solvency II).

[2020] Lloyd's Rep. IR Plus 10

WATSON v HEMINGWAY DESIGN LTD AND OTHERS

Insurance – Claims made in employment tribunal against insolvent employer – Whether tribunal having jurisdiction to determine the liability of the employer’s insurers – Effect of arbitration clause – Third Parties (Rights Against Insurers) Act 2010, section 2.

[2020] Lloyd's Rep. IR Plus 12

PUTTA v ROYAL & SUN ALLIANCE INSURANCE PLC

Insurance (motor) – Hire of replacement vehicle – Entitlement of claimant to use credit hire – Whether claimant was impecunious – Basic hire rate.

[2020] Lloyd's Rep. IR Plus 14

AB AND ANOTHER v TRANSFORM MEDICAL GROUP (CS) LTD AND ANOTHER

Insurance – Third-party rights – Defendant and insurers entering into settlement agreement for claims under policy – Defendant going into administration – Whether settlement agreement void for prejudicing rights of third-party claimants – Third Parties (Rights Against Insurers) Act 1930.

[2020] Lloyd's Rep. IR Plus 15

CARROLL v TAYLOR AND OTHERS

Insurance (motor) – Whether injuries arising out of use of motor vehicle – Claimant robbed and abandoned by taxi driver – Injured 45 minutes later – Road Traffic Act 1988, section 145 – European Communities (Rights Against Insurers) Regulations 2002.

[2020] Lloyd's Rep. IR Plus 16

DANBOL PTY LTD v SWISS RE INTERNATIONAL SE

Insurance (property) – Held covered – Insurers offering temporary cover following termination of policy – Whether offer binding on insurers – Bilateral contract – Unilateral contract.

[2020] Lloyd's Rep. IR Plus 17

ASPEN UNDERWRITING LTD AND OTHERS v CREDIT EUROPE BANK NV

Conflict of laws – Jurisdiction – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clause in policy – Whether binding on mortgagee bank – “Matters relating to insurance” – Insurance – Hull and machinery policy – Brussels Regulation Recast.

[2020] Lloyd's Rep. IR Plus 18

HUTCHINSON v MAPFRE ESPANA COMPANIA DE SEGUROS Y REASEGUROS SA AND ANOTHER

Insurance (liability) – Jurisdiction – Direct claim against liability insurer – Consumer jurisdiction against defendant marketing in consumer’s jurisdiction of domicile where the purchase had been made in the defendant’s domicile – Insurance contract clause ostensibly defining the risk but operating with the effect of a jurisdiction clause – Brussels Regulation Recast, European Parliament and Council Regulation (EU) No 1215/2012, articles 13, 15, 17, 18, 29 and 30.

[2020] Lloyd's Rep. IR Plus 19

PC CASE GEAR PTY LTD v INSTRAT INSURANCE BROKERS PTY LTD

Insurance – Broker – Copyright infringement claim against client not covered by policy – Whether broker in breach of duty – Effect of settlement with third party – Measure of damages.

[2020] Lloyd's Rep. IR Plus 20

MATHIESON AND ANOTHER v TOWER INSURANCE LTD

Insurance (property) – Measure of indemnity – Aggregation – Claimants’ property damaged in successive earthquakes – Whether claimants could recover for each earthquake.

[2020] Lloyd's Rep. IR Plus 21

SARFRAZ v AKHTAR AND ANOTHER

Insurance (motor vehicle) – Compulsory insurance – Striking out – Summary judgment – Assured injured while a passenger in his own car – Whether car unlawfully taken – Whether assured permitting himself to be carried – Road Traffic Act 1988, sections 151(2) and 151(4).

[2020] Lloyd's Rep. IR Plus 25

UK ACORN FINANCE LTD v MARKEL (UK) LTD

Insurance (professional indemnity) – Non-disclosure and misrepresentation – Breach of warranty – Waiver – Effect of unintentional non-disclosure clause – Third Parties (Rights Against Insurers) Act 1930.

[2020] Lloyd's Rep. IR Plus 26

AXA INSURANCE UK LTD v EUI LTD (T/A ELEPHANT INSURANCE)

Insurance (motor) – Contribution between insurers – Driver involved in accident returning from work – Meaning of “social, domestic and pleasure” purposes – Meaning of “private motor car”.

[2020] Lloyd's Rep. IR Plus 27

GENERALI ITALIA SPA AND OTHERS v PELAGIC FISHERIES CORPORATION AND ANOTHER

Insurance (marine) – Jurisdiction – Contracts providing for English law and exclusive jurisdiction – Reference in contracts to standard form wording including Italian law and jurisdiction clause – Proceedings commenced in Italy and stayed – Whether English court should determine validity of English exclusive jurisdiction clause – Whether clause binding – European Parliament and Council Regulation 1215/2012/EU, articles 25, 29, 30 and 31.

[2020] Lloyd's Rep. IR Plus 28

GRIFFITHS v LIBERTY SYNDICATE 4472

Insurance (property) – Limitation of action – Date of accrual of cause of action – Effect of policy terms – Limitation Act 1980, section 5.

[2020] Lloyd's Rep. IR Plus 29

THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN (THE “PRESTIGE”) (NO 3)

Arbitration – Third-party claims – Direct action against insurer – Binding effect of arbitration clause – Conditional benefit doctrine – State immunity – Application for appointment of arbitrator – Anti-suit injunctions and damages – Arbitration Act 1996, sections 18, 48 and 66 – State Immunity Act 1978, sections 3 and 9 – Senior Courts Act 1981, sections 37 and 50.

[2020] Lloyd's Rep. IR Plus 30

THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE FRENCH STATE (THE “PRESTIGE”) (NO 4)

Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Whether judgment claims governed by insurance jurisdiction rules – State Immunity Act 1978, sections 2, 3, 9 and 12 – Civil Procedure Rules, Practice Direction 6B – Service Regulation, European Council Regulation 1393/2007/EC – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 10 to 14.

[2020] Lloyd's Rep. IR Plus 31