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LLR: Insurance & Reinsurance Plus RSS feed

ADVANTAGE INSURANCE CO LTD v STOODLEY AND ANOTHER

Insurance (motor) - Liability of insurer to indemnify policyholder driving another vehicle - Notice of discontinuance - Road Traffic Act 1988, sections 145 and 148 - Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC - CPR Parts 8 and 38.

[2019] Lloyd's Rep. IR Plus 1

MOBIS PARTS AUSTRALIA PTY LTD v XL INSURANCE CO SE

Insurance (property and business interruption) - Warehouse collapse in storm - Stock later lost by fire - Whether policy should be rectified to include financial limit for storm or hail damage - Whether loss of contents proximately caused by storm - Whether stock lost in storm had to be replaced before indemnity payable - Business interruption - Whether depreciation should be deducted from indemnity for loss of gross profit.

[2019] Lloyd's Rep. IR Plus 4

MANITOWOQ PLATINUM PTY LTD AND ANOTHER v WFI INSURANCE LTD

Insurance (liability) - Construction of policy - General condition requiring compliance with Australian standards - Whether requirement absolute or dependent on lack of reasonable care - Effect of breach.

[2019] Lloyd's Rep. IR Plus 5

PREZZO LTD v HIGH POINT ESTATES LTD

Insurance (property) - Subrogation - Landlord and tenant - Whether landlord covenanted to insure building for tenant - Whether landlord's insurers had subrogation rights against tenant.

[2019] Lloyd's Rep. IR Plus 6

ASPEN UNDERWRITING LTD v CREDIT EUROPE BANK NV

Conflict of laws - Jurisdiction - Hull and machinery policy - Recovery of paid insurance proceeds - Settlement agreement - Exclusive jurisdiction clauses in settlement agreement and policy - Whether binding on mortgagee bank - Tort, delict or quasi-delict - Undisclosed principal - "Matters relating to insurance" - Place where harmful event occurred - Insurance - Brussels Regulation Recast, Regulation 1215/2012/EU, articles 7, 10 and 14.

[2019] Lloyd's Rep. IR Plus 8

RSA INSURANCE PLC v ASSICURAZIONI GENERALI

Insurance (liability) - Limitation of actions - Contribution claim - Running of time for contribution - Civil Liability (Contribution) Act 1978 - Limitation Act 1980.

[2019] Lloyd's Rep. IR Plus 11

FUNDO DE GARANTIA AUTOMÓVEL v ALINA ANTÓNIA DESTAPADO PÃO MOLE JULIANA AND ANOTHER

Insurance (motor) - Vehicle unused and uninsured - Vehicle borrowed without consent and involved in accident - Compensation paid by Compensation Body - Whether Compensation Body had subrogation action against registered owner - Consolidated Motor Insurance Directive, European Parliament and Council Directive 2005/14/EC.

[2019] Lloyd's Rep. IR Plus 12

WALLETT v VICKERS

Insurance (motor vehicle) - Fatal accident while two cars were racing on a dual carriageway - Joint enterprise - Ex turpi causa - Apportionment of liability.

[2019] Lloyd's Rep. IR Plus 13

ASPEN INSURANCE AND ANOTHER v SANGSTER & ANNAND LTD

Insurance (public liability) - Effect of exclusion clause - Whether reasonable care test to be implied - Whether causal link between breach and loss required - Whether public liability policy applied to contract claims.

[2019] Lloyd's Rep. IR Plus 14

DALAMD LTD v BUTTERWORTH SPENGLER COMMERCIAL LTD

Insurance (property damage and business interruption) – Brokers – Duties on placement of risk – Duties to advise on coverage – Claim against brokers where insurers deny liability –Causation – Whether insurers had defences independent of brokers’ breaches of duty.

[2019] Lloyd's Rep. IR Plus 16

LEWIS v TINDALE AND OTHERS

Insurance (motor) – Compulsory insurance – Whether insurance required for use of vehicle on private land – Whether policy to be construed as covering such liability – Whether Motor Insurers’ Bureau liable to satisfy judgment – Whether EU law directly effective – Whether MIB was an emanation of the state – Road Traffic Act 1988, section 145 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

[2019] Lloyd's Rep. IR Plus 17

PALLISER LTD v FATE LTD AND OTHERS

Insurance (liability) – Landlord and tenant – Whether landlord’s policy covered liability for negligent damage to demised premises caused by landlord – Whether landlord immune from suit – Measure of damages – Third Parties (Rights Against Insurers) Act 2010.

[2019] Lloyd's Rep. IR Plus 19

R&S PILLING (T/A PHOENIX ENGINEERING) v UK INSURANCE LTD

Insurance (motor) – Assured setting fire to buildings while carrying out repairs on car – Whether policy covered liability – Whether liability caused by or arising out of use of vehicle on road or public place – Road Traffic Act 1988, section 145(3).

[2019] Lloyd's Rep. IR Plus 21

R & B DIRECTIONAL DRILLING PTY LTD AND ANOTHER v CGU INSURANCE LTD (NO 2)

Insurance (liability) – Defective installation of metal sleeve allowed concrete to penetrate conduits for cables – Whether physical damage to metal sleeve – Exclusion for property under assured’s control – Exclusion for faulty workmanship – Exclusion for assumed liability.

[2019] Lloyd's Rep. IR Plus 22

EQUITAS INSURANCE LTD v MUNICIPAL MUTUAL INSURANCE LTD

Reinsurance – Excess of loss – Mesothelioma – Insurers liable for full amount of claims in each year of coverage – Whether insurers could “spike” outward claims into any year of reinsurance – Implied terms – Utmost good faith – Exercise of discretion.

[2019] Lloyd's Rep. IR Plus 24

MOTOR INSURERS’ BUREAU v LEWIS

Insurance (motor) – Compulsory insurance – Whether insurance required for use of vehicle on private land – Whether policy to be construed as covering such liability – Whether Motor Insurers’ Bureau liable to satisfy judgment – Whether EU law directly effective – Whether MIB was an emanation of the state – Road Traffic Act 1988, section 145 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

[2019] Lloyd's Rep. IR Plus 25

SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS v CONNECT SHIPPING INC AND ANOTHER (THE “RENOS”)

Insurance (marine) – Vessel damaged by fire – Measure of indemnity – Constructive total loss – What costs counting towards calculation of measure of indemnity – Meaning of “cost of repairing the damage” – Hold harmless doctrine – Effect of notice of abandonment – Whether salvage costs incurred prior to notice of abandonment could be included – Whether costs incurred under SCOPIC clause counting towards constructive total loss – Marine Insurance Act 1906, sections 60 and 62.

[2019] Lloyd's Rep. IR Plus 26

YOUNG v ROYAL AND SUN ALLIANCE PLC

Insurance – Duty of fair presentation – Waiver of disclosure – Insurance Act 2015, section 3(5)(e).

[2019] Lloyd's Rep. IR Plus 28

KABOKO MINING LTD v VAN HEERDEN (NO 3)

Insurance (Directors’ and Officers’ liability) – Exclusion for any claim related to company’s insolvency – Causation – Scope of exclusion.

[2019] Lloyd's Rep. IR Plus 29

RANDGOLD RESOURCES LTD AND ANOTHER v SANTAM LTD AND ANOTHER

Reinsurance – Cut-through clause – Claims control clause – Dispute between assured and insurers – Whether assured entitled to seek a declaration of the liability of the reinsurers to the insurers – Conditions for declaratory relief – Effect of Contracts (Rights of Third Parties) Act 1999.

[2019] Lloyd's Rep. IR Plus 30

COLLEY v SHUKER AND OTHERS

Insurance (motor) – Avoidance of policy for breach of duty of fair presentation – Compatibility with EU law – Extension of time for service of claim form – Road Traffic Act 1988, section 151(2) – Consumer Insurance (Disclosure and Representations) Act 2012 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC – Civil Procedure Rules, Part 7.

[2019] Lloyd's Rep. IR Plus 31

XU AND ANOTHER v IAG NEW ZEALAND LTD

Insurance (property) – Sale of damaged house and assignment of proceeds of insurance – Amount recoverable from insurers by purchaser – Whether right to rebuild assignable.

[2019] Lloyd's Rep. IR Plus 32

MCKEEVER v NORTHERNREEF INSURANCE CO SA

Insurance (marine) – Perils of the seas – Piracy – Suing and labouring – Breach of warranty – Unseaworthiness – Negligence – Marine Insurance Act 1906, sections 33, 39, 55 and schedule 1, rule 7.

[2019] Lloyd's Rep. IR Plus 34

LACKEY v MALLORCA MEGA RESORTS SL AND ANOTHER

Insurance (liability) – Claimant injured in hotel in Spain – Whether claimant could sue insurers in England – Whether hotel could be joined to English proceedings – Insurance jurisdiction rules – Whether victim contracted as consumer – Brussels Regulation Recast, Regulation (EU) 1215/2012, articles 13, 17 and 18.

[2019] Lloyd's Rep. IR Plus 36

AIG AUSTRALIA LTD v KABOKO MINING LTD

Insurance (Directors’ and Officers’ liability) – Exclusion for loss arising from a claim arising out of, based upon or attributable to the actual or alleged insolvency of the company – Claims against directors for breach of fiduciary and other duties leading to loss of commercial opportunity – Whether claims fell within the insolvency exclusion.

[2019] Lloyd's Rep. IR Plus 38

TRAVELERS INSURANCE CO LTD v XYZ

Insurance (liability) – Non-party costs orders against liability insurers – Criteria for grant – Distinction between insured and partly insured claims – Senior Courts Act 1981, section 51.

[2019] Lloyd's Rep. IR Plus 43