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FLEXSYS AMERICA LP v XL INSURANCE CO LTD
[2010] Lloyd's Rep IR Plus 1
Insurance (liability) - Local policy - Drop-down clause in excess layer policy - Whether drop-down clause applied to claims falling outside excess layer policy coverage.
DUNLOP HAYWARDS (DHL) LTD AND OTHERS v BARBON INSURANCE GROUP LTD AND OTHERS LOCKTON COMPANIES INTERNATIONAL LTD (THIRD PARTY)
[2010] Lloyd's Rep IR Plus 2
Insurance (professional indemnity) - Producing broker instructed to place excess layer insurance - Producing broker wrongly instructing placing broker to limit cover - Construction of policy - Rectification - Liability of producing broker to assured - Contributory negligence - Liability of placing broker to producing broker.
JONES v ENVIRONCOM LTD AND ANOTHER
[2010] Lloyd's Rep IR Plus 3
Insurance (property) - Application for negative declaratory relief - Counterclaim for sum allegedly due under the policy - Whether order for security for the insurers' costs of the counterclaim should be made - Civil Procedure Rules, Rule 25.13.
LEWIS v NORWICH UNION HEALTHCARE LTD
[2010] Lloyd's Rep IR Plus 4
Insurance (permanent health) - Assured failing to disclose visit to doctor - Insurers avoiding policy - Inducement - Whether insurers able to prove inducement without evidence from actual underwriter - Waiver of disclosure.
HAMISHMAR INSURANCE AGENCY LTD AND ANOTHER v FIRSTCITY PARTNERSHIP LTD
[2010] Lloyd's Rep IR Plus 5
Expert determination - Insurance - Claim by coverholder against brokers - Counterclaim by brokers seeking to bring into account sums paid by them to underwriters - Reference to expert determination - Whether expert required to decide whether sums were paid to fund premiums.
GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE "CENDOR MOPU")
[2010] Lloyd's Rep IR Plus 6
Insurance (marine) - Institute Cargo Clauses (A) - All risks cover - Oil rig damaged in course of being transported - Causation - Perils of the sea - Whether loss inevitable - Whether loss caused by inherent vice - Marine Insurance Act 1906, section 55(2)(c) and schedule, para 7.
JACOBS v MOTOR INSURERS BUREAU
[2010] Lloyd's Rep IR Plus 7
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, Regulation 13 - Rome II Regulation, Regulation 4.
RE BRITISH AVIATION INSURANCE CO LTD
[2010] Lloyd's Rep IR Plus 8
Insurance - Scheme of arrangement - Application to court for sanctioning of scheme of arrangement by insurance company - Whether meetings properly summoned - Whether classes of policyholders had been properly identified - Whether scheme should be sanctioned - Distinction between solvent and insolvent scheme - Companies Act 1985, section 425.
WILKINSON v FITZGERALD AND ANOTHER
[2010] Lloyd's Rep IR Plus 9
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 - EC Second Motor Insurance Directive, Council Directive 84/5/EEC, article 2(1) - Road Traffic Act 1988, section 151(8).
YECHIEL v KERRY LONDON LTD
[2010] Lloyd's Rep IR Plus 10
Insurance broker - Policy condition imposing restrictions on jewellery - Whether assured informed broker of change in circumstances.
PORTER v ZURICH INSURANCE CO
[2010] Lloyd's Rep IR Plus 11
Insurance (property) - Assured deliberately setting fire to building - Insurers relying on public policy and a contractual exclusion for wilful acts - Whether assured could rely upon insanity - Failure by assured to comply with claims cooperation clause - Whether insurers entitled to damages for breach of clause.
A C WARD & SONS LTD v CATLIN (FIVE) LTD AND OTHERS
[2010] Lloyd's Rep IR Plus 12
Insurance (theft) - Application for summary judgment by insurers - Policy containing burglar alarm and protection maintenance terms - Whether provisions were warranties - Construction of scope of warranties.
GOLDSMITH WILLIAMS v TRAVELERS INSURANCE CO LTD
[2010] Lloyd's Rep IR Plus 13
Insurance (professional indemnity) - Judgment obtained by claimant against solicitors - Direct claim against liability insurers - Whether insurers had a defence based on fraud of solicitors - Third Parties (Rights Against Insurers) Act 1930.
DIRECT LINE INSURANCE PLC v FOX
[2010] Lloyd's Rep IR Plus 14
Claim - Fraud - Assured submitting false invoices to obtain payment under settlement agreement - Whether assured making a fraudulent claim - Whether fraudulent claim had been retracted - Validity of fraudulent claims clause under Unfair Terms in Consumer Contracts Regulations 1999.
QUINN DIRECT INSURANCE LTD v THE LAW SOCIETY OF ENGLAND AND WALES
[2010] Lloyd's Rep IR Plus 15
Insurance (professional indemnity) - Law Society intervening in firm of solicitors - Liability insurers requesting disclosure of all of the assured's documents and records - Obligation of assured under policy to cooperate with insurers - Whether Law Society under a duty to comply - Solicitors Act 1974, section 37 - Civil Procedure Rules, Parts 8 and 31.
MASEFIELD AG v AMLIN CORPORATE MEMBER LTD
[2010] Lloyd's Rep IR Plus 16
Insurance (marine) - Piracy - 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 - Marine Insurance Act 1906, sections 57 and 60.
TOROPDAR v D
[2010] Lloyd's Rep IR Plus 17
Insurance (motor vehicle) - Procedure - Declaratory relief - Personal injury claim - Action for negative declaration - Whether application should be granted - Whether application should be entertained in personal injury cases - CPR Part 40.20.
AXA INSURANCE LTD v AKTHER & DARBY SOLICITORS AND OTHERS
[2010] Lloyd's Rep IR Plus 18
Insurance (after the event) - Claims against solicitors by ATE insurers - Allegation of negligent selection of risks and of negligent conduct of cases - Limitation of actions - Applicable limitation period to tort claims - Limitation Act 1980, section 2.
BARR v BIFFA WASTE SERVICES LTD AND ANOTHER
[2010] Lloyd's Rep IR Plus 19
Insurance (after the event) - Group Litigation Order - Application by defendant for disclosure of claimants' ATE policy - Whether disclosure should be ordered - Case management - Civil Procedure Rules 3, 18.1, 31.14, 44.15 and Practice Direction 44.
HORWOOD v LAND OF LEATHER LTD AND ANOTHER
[2010] Lloyd's Rep IR Plus 20
Insurance (product liability) - Claims control clause requiring assured to seek consent of insurers for settlement - Whether clause applied to claims by the assured against a third party - Implied term preventing prejudice to subrogation rights.
CROWSON v HSBC INSURANCE BROKERS
[2010] Lloyd's Rep IR Plus 21
Insurance (directors' and officers') - Brokers instructed by company to place insurance - Brokers failing to do so - Whether duty of care owed to company's director - Contracts (Rights of Third Parties) Act 1999.
LOYALTREND LTD AND ANOTHER v CREECHURCH DEDICATED LTD AND OTHERS
[2010] Lloyd's Rep IR Plus 22
Insurance (business interruption) - Policy covering business interruption losses following material damage - Date of material damage - Condition precedent requiring immediate notification of damage - Whether assured complying with condition precedent.
US TRADING LTD v AXA INSURANCE CO LTD
[2010] Lloyd's Rep IR Plus 23
Insurance (fire) - Fraudulent claim - Statements by assured that warranty complied with - Whether statements false and fraudulent - Whether warranty formed part of policy - Construction of warranty - Whether warranty complied with.
MICHAEL PHILLIPS ARCHITECTS LTD v RIKLIN AND ANOTHER
[2010] Lloyd's Rep IR Plus 24
After the event insurance - Security for costs - Whether the existence of ATE insurance justified the refusal of security for costs - CPR Part 25.13.
SEELE AUSTRIA GMBH & CO KG v TOKIO MARINE EUROPE INSURANCE LTD (NO 3)
[2010] Lloyd's Rep IR Plus 25
Insurance (property) - Limitation of actions - Addition of new cause of action - Running of limitation period - Limitation Act 1980, section 35 - Civil Procedure Rules 17.4(2).
CAVELL USA INC AND ANOTHER v SEATON INSURANCE CO AND ANOTHER
[2010] Lloyd's Rep IR Plus 26
Insurance - Run-off - Claimant managed run-off of defendant insurers - Agreement terminating run-off and exempting claimant from most claims other than fraud - Exclusive jurisdiction clause in favour of England - Claim brought in New York - Whether fraud claim within exclusive jurisdiction clause.
R & R DEVELOPMENTS LTD v AXA INSURANCE UK PLC
[2010] Lloyd's Rep IR Plus 27
Insurance (property) - Utmost good faith - Alleged misrepresentation - Ambiguity of question - Proper construction of question - Waiver.
ORIENT-EXPRESS HOTELS LTD v ASSUCURAZIONI GENERALI SA
[2010] Lloyd's Rep IR Plus 28
Insurance (business interruption) - Hurricane causing physical damage to hotel - Whether business interruption loss caused by hurricane - Whether damage to locality to be taken into account - Arbitration - Appeal against award for error of law - Arbitration Act 1996, section 69.
MAHER AND ANOTHER v GROUPAMA GRAND EST
[2010] Lloyd's Rep IR Plus 29
Insurance (motor) - Direct action against insurers - English victim injured in France by French tortfeasor - Policy governed by French law - Action brought against insurers in England - Whether damages to be assessed under English law or French law - Whether pre-judgment interest to be governed by English law or French law - Private International Law (Miscellaneous Provisions) Act 1995 - Senior Courts Act 1981, section 35A.
ESCHIG v UNIQA SACHVERSICHERUNG AG
[2010] Lloyd's Rep IR Plus 30
Insurance (legal expenses) - Right of assured to select lawyer - Whether right could be removed in class action cases - Council Directive 87/344/EEC, article 4.
IRB BRASIL RESSEGUROS SA v CX REINSURANCE CO LTD
[2010] Lloyd's Rep IR Plus 31
Reinsurance - Excess of loss - Restricted "follow the settlements" clause - Allocation of losses across policy years - Aggregation - Meaning of "event" - Arbitration Act 1996, section 69.
CLYDESDALE FINANCIAL SERVICES LTD AND OTHERS v SMAILES AND OTHERS
[2010] Lloyd's Rep IR Plus 32
Insurance (financial guarantee) - Premium unpaid - Whether risk under policies attached - Whether claim for unpaid premiums extinguished by set-off - Sale of business at undervalue - Insolvency Act 1986, sections 423 to 425.
CHURCHILL INSURANCE CO LTD v WILKINSON EVANS v EQUITY CLAIMS LTD
[2010] Lloyd's Rep IR Plus 33
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 - EC Second Motor Insurance Directive, Council Directive 84/5/EEC - Consolidated Motor Insurance Directive 2009, European Parliament and Council Directive 2009/103/EC - Road Traffic Act 1988, section 151(8) - Reference to European Court of Justice.
EQUITAS LTD v R&Q REINSURANCE CO (UK) LTD
[2010] Lloyd's Rep IR Plus 34
Reinsurance - LMX spiral - Losses wrongly paid by insurers and reinsurers in the spiral - Claim by retrocedant against retrocessionaires - Whether retrocedant had to prove that losses were properly paid throughout the spiral - Effect of follow the settlements clause - Validity of use of actuarial model to prove amount of loss.
ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS v ROLLS-ROYCE PLC
[2010] Lloyd's Rep IR Plus 35
Insurance (liability) - Jurisdiction - Proceedings commenced by assured in Florida - Insurers commencing English proceedings for negative declaratory relief - Application to stay English proceedings - Whether English court empowered to stay proceedings - Whether England the most appropriate forum - Forum non conveniens - Council Regulation (EC) No 44/2001, articles 2 and 12.
SOUSA v LONDON BOROUGH OF WALTHAM FOREST
[2010] Lloyd's Rep IR Plus 36
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.
QUINN DIRECT INSURANCE LTD v THE LAW SOCIETY OF ENGLAND AND WALES
[2010] Lloyd's Rep IR Plus 37
Insurance (Professional indemnity) - Law Society intervening in solicitors' practice - Liability insurers seeking disclosure of all of the solicitors' books and records - Whether disclosure required by policy terms - Whether Law Society bound by policy terms - Whether statutory scheme for compulsory insurance required disclosure.
WICKHAM VAN EYCK v NORWICH UNION INSURANCE LTD
[2010] Lloyd's Rep IR Plus 38
Insurance (legal expenses) - Claim made by assured against third party - Whether claim arose out of a contract for the provision of services.
THWAITES v AVIVA ASSURANCES
[2010] Lloyd's Rep IR Plus 39
Insurance (liability) - Jurisdiction - Claimant injured in France - Whether English court had jurisdiction to hear a direct claim against French insurers - Council Regulation (EC) No 44/2001, article 11(2).
JONES v ENVIRONCOM LTD AND ANOTHER MILES SMITH INSURANCE BROKERS (THIRD PARTY) (NO 2)
[2010] Lloyd's Rep IR Plus 40
Insurance (property) - Duties of insurance broker - Policy avoided for non-disclosure - Duty of broker to warn assured of disclosure obligations - Duty of broker to ascertain facts - Whether breach of duty caused loss - Whether risk insurable with full disclosure.
A C WARD & SON LTD v CATLIN (FIVE) LTD AND OTHERS (NO 2)
[2010] Lloyd's Rep IR Plus 41
Insurance (theft) - Goods stolen from warehouse - Policy containing Protection Maintenance and Burglar Alarm Maintenance warranties - Equipment not functioning - Whether warranties were absolute or required the assured to correct known defects - Utmost good faith - Non-disclosure of failure to comply with security recommendations - Materiality - Inducement - Variation of policy.
VIENNA INSURANCE GROUP v BILAS
[2010] Lloyd's Rep IR Plus 42
Insurance - Jurisdiction - Assured sued for premium - Assured not contesting jurisdiction - Whether submission to jurisdiction conferred jurisdiction - Brussels Regulation (EC) No 44/2001, articles 12, 24 and 35.
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)
[2010] Lloyd's Rep IR Plus 43
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
[2010] Lloyd's Rep IR Plus 44
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
[2010] Lloyd's Rep IR Plus 45
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.