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ARGO SYSTEMS FZE v LIBERTY INSURANCE (PTE) AND ANOTHER (THE "COPA CASINO")
[2012] Lloyd's Rep IR Plus 1
Insurance (marine) - TOWCON excluding liability for damage to vessel - Policy containing warranty against holding towers harmless - Whether warranty broken - Whether insurers estopped from relying on breach of warranty.
BEAZLEY UNDERWRITING LTD AND ANOTHER v THE TRAVELERS COMPANIES INCORPORATED
[2012] Lloyd's Rep IR Plus 2
Insurance (professional indemnity) - Assured granting deed of indemnity to purchaser of broking business - Assured insured against liability - Whether assured liable to purchaser under deed of indemnity - Whether policy covered liability under deed of indemnity - Effect of qualified scratching of slip.
DIGITAL SATELLITE WARRANTY COVER LTD v FINANCIAL SERVICES AUTHORITY SATELLITE SERVICES v FINANCIAL SERVICES AUTHORITY
[2012] Lloyd's Rep IR Plus 3
Insurance - Authorisation to carry on insurance business - Companies offering repair and replacement services for digital television equipment - Whether insurance business being carried on - Whether winding-up orders should be made - Financial Services and Markets Act 2000, section 19 - Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
SEALION SHIPPING LTD AND ANOTHER v VALIANT INSURANCE CO (THE "TOISA PISCES")
[2012] Lloyd's Rep IR Plus 4
Insurance (marine) - Loss of hire policy - Non-disclosure and misrepresentation - Inchmaree Clause - Whether assured failing to act with due diligence - Aggregation - Whether one or three occurrences giving rise to loss.
SHARON'S BAKERY (EUROPE) LTD v AXA INSURANCE UK PLC AND ANOTHER
[2012] Lloyd's Rep IR Plus 5
Insurance (fire) - Assured using false invoice to obtain funding from finance company, secured on machinery - Machinery damaged by fire - Assured using invoice to assist in claim - Whether false invoice used for finance was a material fact - Moral hazard - Fraudulent claim - Use of fraudulent means or devices.
SAYCE v TNT (UK) LTD
[2012] Lloyd's Rep IR Plus 6
Insurance (motor) - Negligence - Damages for hiring of replacement vehicle pending repairs to claimant's vehicle - Defendant offering claimant replacement vehicle - Claimant refusing offer - Whether claimant failed to mitigate loss.
ALL LEISURE HOLIDAYS LTD v EUROPAISCHE REISEVERSICHERUNG AG AND OTHERS
[2012] Lloyd's Rep IR Plus 7
Insurance (Passenger Protection) - Cruise operator selling vessel - Claims made under policy by passengers - Whether cruises cancelled - Whether passengers suffered loss - Significance of claims forms.
SUL AMERICA CIA NACIONAL DE SEGUROS SA AND OTHERS v ENESA ENGENHARIA SA AND OTHERS
[2012] Lloyd's Rep IR Plus 8
Insurance - Arbitration - Anti-suit injunction - Policy governed by law of Brazil and subject to exclusive Brazilian jurisdiction - Mediation and arbitration clauses - Law applicable to arbitration clause - Whether mediation a condition precedent to arbitration - Scope of arbitration clause - Whether arbitration clause prevailed over jurisdiction clause.
AVIVA INSURANCE LTD v BROWN
[2012] Lloyd's Rep IR Plus 9
Insurance (property) - Fraudulent claim - Loss by subsidence - Claim for accommodation costs - Assured giving rent quotation for premises which he already owned - Use of fraudulent means and devices - Remedy for fraudulent claim.
LAVRADOR AND ANOTHER v COMPANHIA DE SEGUROS FIDELIDADE-MUNDIAL SA
[2012] Lloyd's Rep IR Plus 10
Insurance (motor) - Effect of Motor Insurance Directives on civil liability - Cyclist killed in collision caused by his own fault - No damages awarded - Whether Portuguese civil law inconsistent with European Parliament and Council Directive 2009/103/EC, article 12.
QUANTUM CLAIMS COMPENSATION SPECIALISTS LTD v WREN INSURANCE SERVICES LTD
[2012] Lloyd's Rep IR Plus 11
Insurance (after the event) - Three additional defendants added to claim - Whether consent of insurers should have been sought under policy.
BROWN-QUINN AND ANOTHER v EQUITY SYNDICATE MANAGEMENT LTD AND ANOTHER
[2012] Lloyd's Rep IR Plus 12
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.
THE STANSFIELD GROUP PTE LTD v CONSUMERS' ASSOCIATION OF SINGAPORE AND ANOTHER
[2012] Lloyd's Rep IR Plus 13
Insurance - Continuing duty of utmost good faith - Right of insurers to terminate cover - Whether any limits on exercise of right - Marine Insurance Act 1906, section 17.
JONES v ENVIRONCOM LTD AND ANOTHER
[2012] Lloyd's Rep IR Plus 14
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.
BRISTOL ALLIANCE LTD PARTNERSHIP v WILLIAMS AND ANOTHER
[2012] Lloyd's Rep IR Plus 15
Insurance (motor) - Damage caused by allegedly deliberate act - Whether insurers liable to indemnify victim - Road Traffic Act 1988, sections 145, 148 and 151 - First Motor Insurance Directive, Council Directive 72/166/EEC, article 1 - Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC, article 3.
MARITSAVE LTD v NATIONAL FARMERS UNION MUTUAL INSURANCE SOCIETY LTD
[2012] Lloyd's Rep IR Plus 16
Insurance (fire) - Unoccupied premises - Door and window warranty - Whether warranty broken.
TEAL ASSURANCE CO LTD v W R BERKLEY INSURANCE (EUROPE) LTD AND ANOTHER
[2012] Lloyd's Rep IR Plus 17
Reinsurance - Allocation of liabilities incurred under underlying policies - Effect on reinsurance - Effect of "top and drop" clause.
GAMMIE v ABBEY LEGAL PROTECTION
[2012] Lloyd's Rep IR Plus 18
Insurance (professional indemnity) - Policy issued by coverholder - Whether coverholder personally liable to policyholder - Principles of construction - Agency.
CLOTHING MANAGEMENT TECHNOLOGY LTD v BEAZLEY SOLUTIONS LTD
[2012] Lloyd's Rep IR Plus 19
Insurance (marine) - Cargo - Clothing retained by unpaid workers and payment demanded - Constructive total loss - Whether notice of abandonment required - Whether assured in breach of claims condition - Effect of exclusions for loss caused by strikes and seizure - Whether assured failed to sue and labour - Material change in risk - Whether policy valued or unvalued - Marine Insurance Act 1906, sections 16, 27, 60, 62 and 78.
PINE v DAS LEGAL EXPENSES INSURANCE CO LTD
[2012] Lloyd's Rep IR Plus 20
Insurance (legal expenses) - Right of assured to choose own lawyer - Whether assured entitled to act as instructing solicitor - Damages for breach of policy terms.
THE SEASHELL OF LISSON GROVE LTD AND OTHERS v AVIVA INSURANCE LTD AND OTHERS
[2012] Lloyd's Rep IR Plus 21
Insurance (Property) - Effect of clause limiting insurers' right to rely on breach of warranty - Effect of Non-Invalidation Clause.
ATLAS NAVIOS-NAVEGACAO LDA v NAVIGATORS INSURANCE CO LTD (THE "B ATLANTIC")
[2012] Lloyd's Rep IR Plus 22
Insurance (marine) - Institute War and Strikes Clauses - Seizure of vessel following discovery of drugs - Whether insurers protected by exclusion for "infringement of any customs or trading regulations".
EMPLOYERS' LIABILITY INSURANCE TRIGGER LITIGATION BAI (RUN OFF) LTD v DURHAM BAI (RUN OFF) LTD v THOMAS BATES AND SON LTD AKZO NOBEL UK LTD v EXCESS INSURANCE CO LTD AMEC PLC v EXCESS INSURANCE CO LTD EDWARDS v EXCESS INSURANCE CO LTD INDEPENDENT INSURANCE CO LTD v FLEMING MUNICIPAL MUTUAL INSURANCE LTD v ZURICH INSURANCE CO AND OTHERS ZURICH INSURANCE COMPANY AND OTHERS v MUNICIPAL MUTUAL INSURANCE LTD
[2012] Lloyd's Rep IR Plus 23
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.
SUL AMERICA CIA NACIONAL DE SEGUROS SA AND OTHERS v ENESA ENGENHARIA SA AND OTHERS
[2012] Lloyd's Rep IR Plus 24
Insurance - Arbitration - Anti-suit injunction - Policy governed by law of Brazil and subject to exclusive Brazilian jurisdiction - Mediation and arbitration clauses - Law applicable to arbitration clause - Whether mediation a condition precedent to arbitration - Scope of arbitration clause - Whether arbitration clause prevailed over jurisdiction clause.
W v VEOLIA ENVIRONMENTAL SERVICES (UK) PLC
[2012] Lloyd's Rep IR Plus 25
Insurance (motor) - Credit hire - Claimant hiring replacement vehicle - Credit hire agreement unenforceable - Claimant's insurers paying hire - Subrogation - Whether insurers entitled to subrogation rights despite paying unenforceable claim.
SHERDLEY AND ANOTHER v NORDEA LIFE AND PENSION SA
[2012] Lloyd's Rep IR Plus 26
Insurance (life) - Conflict of laws - Jurisdiction - Whether parties had agreed jurisdiction - Validity of agreement - European Council Regulation (EC) No 44/2001, articles 9, 13 and 23.
HANWHA NON-LIFE INSURANCE CO LTD v ALBA PTE LTD
[2012] Lloyd's Rep IR Plus 27
Reinsurance - Declaration policy - Whether cover facultative or obligatory - Whether declaration to reinsurance valid - Whether reinsurers accepting declaration - Incorporation of terms into reinsurance.
HARRISON AND ANOTHER v BLACK HORSE LTD
[2012] Lloyd's Rep IR Plus 28
Insurance (payment protection) - Sale by bank in conjunction with loan - Whether bank in breach of Insurance Conduct of Business Rules - Whether bank negligent - Whether unfair relationship existed - Financial Services and Markets Act 2000, section 150 - ICOB, Rules 2.3 and 4.3 - Consumer Credit Act 1974, section 140A and B.
MILTON KEYNES BOROUGH COUNCIL v NULTY AND OTHERS NATIONAL INSURANCE AND GUARANTEE CORPORATION LTD v NULTY AND ANOTHER
[2012] Lloyd's Rep IR Plus 29
Insurance (public liability) - Test for determining cause of loss - Proximate cause of loss - Effect of breach of claims condition - Damages for loss of opportunity to investigate cause of loss
CHINA PING AN INSURANCE (HONG KONG) CO LTD v TSANG FUNG YIN AND ANOTHER
[2012] Lloyd's Rep IR Plus 30
Insurance (motor) - Cover note - Notice of loss provision in policy - Whether incorporated into contract prior to issue of policy.
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v ACE INSURANCE LTD AND OTHERS
[2012] Lloyd's Rep IR Plus 31
Insurance (business interruption) - Cover commencing when disease became notifiable - Whether voluntary notification sufficed.
PATTNI v FIRST LEICESTER BUSES LTD BENT v HIGHWAYS AND UTILITIES CONSTRUCTION LTD AND ANOTHER
[2012] Lloyd's Rep IR Plus 32
Insurance (motor) - Hire of replacement vehicle - Measure of damages for replacement vehicle where claimant has unjustifiably used credit hire.
CHURCHILL INSURANCE CO LTD v WILKINSON EVANS v EQUITY CLAIMS LTD
[2012] 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 - Consolidated Motor Insurance Directive 2009, European Parliament and Council Directive 2009/103/EC, articles 12 and 13 - Road Traffic Act 1988, section 151(8).
JOYCE AND ANOTHER v O'BRIEN AND ANOTHER
[2012] Lloyd's Rep IR Plus 34
Insurance (motor) - Claimant injured in joint criminal enterprise with driver - Whether driver owed duty of care - Whether driver had defence of ex turpi causa no oritur actio.
BRITISH WATERWAYS v ROYAL & SUN ALLIANCE INSURANCE PLC
[2012] Lloyd's Rep IR Plus 35
Insurance (motor) - Policy covering liability to employees and contractors - Whether assured liable at law - Whether policy covering liabilities beyond those in Road Traffic Act 1988 - Coverage for driver and user of vehicle - Whether liability arising out of use of tool - Road Traffic Act 1988, section 145.
INTERNATIONAL ENERGY GROUP LTD v ZURICH INSURANCE PLC UK
[2012] Lloyd's Rep IR Plus 36
Insurance (employers' liability) - Mesothelioma - Claim against employer governed by law of Guernsey - Employer liable only for proportion of loss - Effect on insurance claim.
EUROPEAN GROUP LTD AND OTHERS v CHARTIS INSURANCE UK LTD
[2012] Lloyd's Rep IR Plus 37
Insurance (marine) - Cargo damaged - Whether damage occurred before or after delivery - Doctrine of proximate cause - Proof of cause - Whether loss the result of inherent vice.
FARADAY REINSURANCE CO LTD v HOWDEN NORTH AMERICA INC AND ANOTHER
[2012] Lloyd's Rep IR Plus 38
Insurance (products liability) - Conflict of laws - Jurisdiction - Whether dispute under policy covering US liabilities should be heard in England - Jurisdiction - Applicable law - Whether England the most convenient forum - CPR Practice Direction 6B, para 3.1(6).
QUIRKCO INVESTMENTS LTD v ASPRAY TRANSPORT LTD
[2012] Lloyd's Rep IR Plus 39
Insurance (property) - Landlord and tenant - Whether tenant bound to pay premium to landlord - Whether obligation to pay depended upon payment by landlord - Whether landlord failed to note interest of tenant on policy - Loss of subrogation rights.
DELANEY v PICKETT AND ANOTHER
[2012] Lloyd's Rep IR Plus 40
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.
ACE EUROPEAN LTD AND OTHERS v HOWDEN GROUP LTD AND ANOTHER
[2012] Lloyd's Rep IR Plus 41
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).
STANDARD LIFE ASSURANCE LTD v ACE EUROPEAN GROUP AND OTHERS
[2012] Lloyd's Rep IR Plus 42
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 - Whether losses could be aggregated.
HOBBINS v ROYAL SKANDIA LIFE ASSURANCE LTD
[2012] Lloyd's Rep IR Plus 43
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).
RE COMBINED INSURANCE COMPANY OF AMERICA RE ACE EUROPEAN GROUP LTD RE ACE EUROPE LIFE LTD RE PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
[2012] Lloyd's Rep IR Plus 45
Insurance - Transfer of business - Whether directions should be given requiring notification of transfer to ex-policyholders with potential mis-selling claims against transferor - Financial Services and Markets Act 2000, section 108.
ALONSO v NATIONALE NEDERLANDEN VIDA CIA DE SEGUROS Y REASEGUROS SAE
[2012] Lloyd's Rep IR Plus 46
Insurance (life) - Consumer protection - Contracts negotiated away from business premises - Council Directive 85/577/EEC, article 3 - Council Directive 79/267/EEC, article 1.
COLES AND OTHERS v HETHERTON AND OTHERS
[2012] Lloyd's Rep IR Plus 47
Insurance (motor) - Damaged vehicle - Measure of damages - Subrogation - Significance of insurer's conduct in arranging repairs.
STYCH v DIBBLE AND ANOTHER
[2012] Lloyd's Rep IR Plus 49
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.