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BAE SYSTEMS PENSION FUNDS TRUSTEES LTD v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS

[2018] Lloyd's Rep IR Plus 1

Insurance (liability) – Third Parties (Rights Against Insurers) Act 2010 – Application to join insurers to claim against assured – Dispute as to liability of assured – Dispute as to coverage under policy – Effect of arbitration clause in insurance policy.

LEE AND OTHERS v IAG NEW ZEALAND LTD

[2018] Lloyd's Rep IR Plus 2

Insurance (property) – Building damaged by earthquake – Measure of indemnity where building not reinstated – Betterment – Principles for calculation of interest.

PREMIER MOTOR AUCTIONS LTD AND ANOTHER v PRICEWATERHOUSECOOPERS LLP AND ANOTHER

[2018] Lloyd's Rep IR Plus 3

Insurance (after the event) – Application for security for costs – Whether ATE insurance a suitable alternative to order for security for costs – CPR Part 25.

COMMONWEALTH STEEL CO LTD v BHP BILLITON MARINE & GENERAL INSURANCE LTD

[2018] Lloyd's Rep IR Plus 4

Insurance (employers’ indemnity policy) – Asbestos – Indexation clause – Whether indexation applies to the deductible and not the sum insured.

SKM RECYCLING PTY LTD AND ANOTHER v AUSTRALIAN RELIANCE PTY LTD

[2018] Lloyd's Rep IR Plus 5

Insurance (business interruption) – Liability of broker – Failure by broker to ensure that application to insurers contained correct information – Whether broker under a duty to ensure that assured understood financial questions – Measure of damages.

SADAT v TOWER INSURANCE LTD AND ANOTHER

[2018] Lloyd's Rep IR Plus 6

Insurance (property) – Whether house damaged by earthquake – Validity of evidence of effect of earthquake – Whether economic loss was recoverable – Whether house becoming uninhabitable was economic loss – Proximate cause – Damages for failure to pay claim.

CROWDEN AND ANOTHER v QBE INSURANCE (EUROPE) LTD

[2018] Lloyd's Rep IR Plus 7

Insurance (professional indemnity) – Exclusion for insolvency – Principles applicable to interpretation of insurance exclusions – Causation – Effect of assignment of rights to Financial Services Compensation Scheme – Third Parties (Rights Against Insurers) Act 1930 – Financial Services and Markets Act 2000.

SOUTHERN ROCK INSURANCE CO LTD v HAFEEZ

[2018] Lloyd's Rep IR Plus 8

Insurance (motor) – Presentation of the risk – Misrepresentation – Whether assured had misrepresented residence address – Right of insurers to avoid policy – Consumer Insurance (Disclosure and Representations) Act 2012 – Road Traffic Act 1988, sections 151 and 152.

RODRIGUES DE ANDRADE AND ANOTHER v SALVADOR AND OTHERS

[2018] Lloyd's Rep IR Plus 9

Insurance (motor) – Tractor stationary but engine switched on to drive a herbicide spray pump – Definition of "vehicle" – Whether vehicle being "used" – Council Directive 72/166/EEC, articles 1(1) and 3(1).

ASHFAQ v INTERNATIONAL INSURANCE COMPANY OF HANNOVER PLC

[2018] Lloyd's Rep IR Plus 10

Insurance (property) – Basis of contract clause – Criminal trial pending against assured – Breach of warranty – Unfair Terms in Consumer Contracts Regulations 1999 – Insurance Conduct of Business Sourcebook (ICOBS) Rules – Whether assured was a consumer.

CHANNON (TRADING AS CHANNON & CO) v WARD (TRADING AS WARD & ASSOCIATES)

[2018] Lloyd's Rep IR Plus 11

Insurance – Professional indemnity – Claim by applicant against insurance broker for failing to obtain insurance – Whether policy would have covered the claims against the applicant.

SUN ALLIANCE (BAHAMAS) LTD AND ANOTHER v SCANDI ENTERPRISES LTD (BAHAMAS)

[2018] Lloyd's Rep IR Plus 12

Insurance (contractors all risks) – Scope of cover – Whether existing buildings were insured – Whether policy with stated insured value was a valued policy.

TONICSTAR LTD v ALLIANZ INSURANCE PLC AND ANOTHER

[2018] Lloyd's Rep IR Plus 13

Arbitration – Reinsurance – Qualification of arbitrator – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 30.

SHEEHAN v LLOYD'S NAMES MUNICH RE SYNDICATE LTD

[2018] Lloyd's Rep IR Plus 14

Insurance (marine) – Engine damaged by loss of oil – Causation – Whether damage accidentally caused – Whether proximate cause of loss was use of engine or defective design of engine.

AMLIN CORPORATE MEMBER LTD v BABY BASICS LTD AND ANOTHER

[2018] Lloyd's Rep IR Plus 15

Insurance (product liability) – Compliance with claims conditions – Meaning of "bodily injury" – Negative declaratory relief

CONTACT (PRINT AND PACKAGING) LTD v TRAVELERS INSURANCE CO LTD

[2018] Lloyd's Rep IR Plus 16

Insurance (property and business interruption) – Proximate cause of loss – Subsidence and settlement – Defective design of foundations – Measure of indemnity for property damage – Measure of indemnity for business interruption.

BERKELEY BURKE SIPP ADMINISTRATION LLP v CHARLTON AND ANOTHER

[2018] Lloyd's Rep IR Plus 17

Arbitration – Point of law – Application for permission to appeal from award of Financial Ombudsman Service – Meaning of “arbitration agreement” – Arbitration Act 1996, sections 6, 58 and 69.

NÚÑEZ TORREIRO v AIG EUROPE LTD, SUCURSAL EN ESPAÑA AND ANOTHER

[2018] Lloyd's Rep IR Plus 18

Insurance (motor) – Use of vehicle – Claimant injured on private land in a military vehicle – Whether insurance compulsory for such use – Directive 2009/103/EC, article 3.

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

[2018] Lloyd's Rep IR Plus 19

Insurance (marine) – Vessel damaged by fire – Whether vessel a constructive total loss – Whether notice of abandonment validly served – Assessment of costs of repairs – Whether costs incurred before notice of abandonment served to be taken into account – Salvage costs – Suing and labouring – Marine Insurance Act 1906, sections 60, 62 and 88.

ALLIANZ INSURANCE PLC AND ANOTHER v TONICSTAR LTD

[2018] Lloyd's Rep IR Plus 20

Arbitration – Reinsurance – Qualification of arbitrator – Whether arbitrator should be removed – Arbitration Act 1996, sections 24 and 30.

BODY CORPORATE 74246 v QBE INSURANCE (INTERNATIONAL) LTD AND ANOTHER

[2018] Lloyd's Rep IR Plus 21

Insurance (property) – Double insurance – Contribution – Date on which policy incepted – Implied term – Rectification.

D GEDDES (CONTRACTORS) LTD v NEIL JOHNSON HEALTH & SAFETY SERVICES LTD

[2018] Lloyd's Rep IR Plus 22

Indemnity – Claimant fined for infringement of health and safety legislation – Claim in negligence against claimant's advisor for recovery of fine – Whether claim barred by ex turpi causa principle.

HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD AND OTHERS

[2018] Lloyd's Rep IR Plus 23

Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, section 24.

ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE "B ATLANTIC")

[2018] Lloyd's Rep IR Plus 24

Insurance (marine) – War risks clauses – Smuggling by crew members – Causation – Coverage for acts by persons acting maliciously – Exclusion for detainment for infringement of customs regulations.

SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE PLC

[2018] Lloyd's Rep IR Plus 25

Insurance (liability) – Aggregation of losses – Construction of Proviso – Whether limit of indemnity for linked claims was £10 million or £20 million – Construction of contribution clause – Whether deductible applied to each claim or to aggregate of claims.

EQUITAS INSURANCE LTD v MUNICIPAL MUTUAL INSURANCE LTD

[2018] Lloyd's Rep IR Plus 26

Reinsurance – Mesothelioma – Spiking of claims against reinsurers – Application for permission to appeal against arbitration award – Arbitration Act 1996, section 69.

AQUAGENICS PTY LTD (IN LIQUIDATION) v CERTAIN UNDERWRITERS AT LLOYD'S SUBSCRIBING TO CONTRACT NUMBER NCP106108663

[2018] Lloyd's Rep IR Plus 27

Insurance (professional indemnity) – Meaning of "claim" – Meaning of "wrongful act" – Whether wrongful act committed in course of business activities – Exclusion for assumed liability.

ENGELHART CTP (US) LLC v LLOYD'S SYNDICATE 1221 FOR THE 2014 YEAR OF ACCOUNT AND OTHERS

[2018] Lloyd's Rep IR Plus 28

Insurance (marine) – Cargo all risks policy – Goods never shipped to assured – Whether policy covered paper as well as physical losses.

HABERDASHERS' ASKE'S FEDERATION TRUST LTD AND ANOTHER v LAKEHOUSE CONTRACTS LTD AND ANOTHER; ZURICH INSURANCE PLC AND OTHERS (THIRD PARTIES)

[2018] Lloyd's Rep IR Plus 29

Insurance – Subrogation – Construction contract – Sub-contractor required to indemnify contractor and to insure against liability – Contractor's policy covering sub-contractor – Whether sub-contractor immune from subrogation proceedings by contractor's insurers – Agency – Standing offer – Acceptance by conduct – Contracts (Rights of Third Parties) Act 1999.

ROADPEACE v SECRETARY OF STATE FOR TRANSPORT; MOTOR INSURERS' BUREAU (INTERESTED PARTY)

[2018] Lloyd's Rep IR Plus 30

Insurance (motor) – Compatibility of UK law with EU law – Road Traffic Act 1988 – European Communities (Rights Against Insurers) Regulations 2002, SI 2002 No 3061 – Motor Insurers' Bureau Agreements – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

FUND MANAGERS CANTERBURY LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD

[2018] Lloyd's Rep IR Plus 31

Insurance (Directors and officers) – Construction of policy – Professional services exclusion – Significance of professional indemnity policy issued by same insurers.

RAMSOOK v CROSSLEY

[2018] Lloyd's Rep IR Plus 32

Insurance (motor liability) – Policy conferring upon the insurers the right to take over the defence of any claim – Judgment obtained against the assured without her knowledge – Whether judgment should be set aside – Duty of insurers towards an assured in defending a claim.

GUASTALEGNAME v AUSTRALIAN ASSOCIATED MOTOR INSURERS LTD

[2018] Lloyd's Rep IR Plus 33

Insurance (property) – Heave – Whether "soil movement" included heave.

LEWINGTON v MOTOR INSURERS' BUREAU

[2018] Lloyd's Rep IR Plus 34

Insurance (motor) – Appellant injured by untraced driver – Claim against Motor Insurers' Bureau under Untraced Drivers Agreement – Meaning of "motor vehicle" – Appeal against arbitrator's award – Whether MIB Agreement compatible with the Consolidated Motor Insurance Directive, 2009/103/EC – Road Traffic Act 1988, section 185 – Arbitration Act 1996, section 69.

BROADGRAIN COMMODITIES INC v CONTINENTAL CASUALTY CO

[2018] Lloyd's Rep IR Plus 35

Insurance (marine) – Goods shipped under CIF contract – Certificates of insurance assigned to buyer – Goods damaged in transit – Claim by seller – Whether seller had insurable interest – Whether seller suffered loss – Waiver and estoppel – Canadian Marine Insurance Act 1993 – UK Marine Insurance Act 1906, sections 5, 7, 8 and 14.

BLUEBON LTD v AGEAS UK LTD AND OTHERS

[2018] Lloyd's Rep IR Plus 36

Insurance (property) – Electrical Installation Inspection Warranty requiring inspections every five years – Meaning of "warranty" – Whether a true warranty or a suspensory condition.

LANDESKRANKENANSTALTEN-BETRIEBSGESELLSCHAFT (KABEG) v MUTUELLES DU MANS ASSURANCES (MMA IARD SA)

[2018] Lloyd's Rep IR Plus 37

Insurance (liability) – Jurisdiction – Direct action against insurers – Assignment of claim to employer – Whether claim could be brought in courts of employer's domicile – Brussels Regulation, European Parliament and Council Directive 44/2001/EC, articles 9 and 11.

EURO POOLS PLC v ROYAL AND SUN ALLIANCE INSURANCE PLC

[2018] Lloyd's Rep IR Plus 38

Insurance (professional indemnity) – Claims made cover – Notification of circumstances – Whether assured aware of circumstances at the time of alleged notification – Limitation period applicable to mitigation costs – Estoppel by representation and estoppel by convention.

KILDUFF AND ANOTHER v TOWER INSURANCE LTD

[2018] Lloyd's Rep IR Plus 39

Insurance (property) – Measure of indemnity – Insurers' duty of utmost good faith – Late payment.

DELTA PTY LTD v TEAM ROCK ANCHORS PTY LTD AND ANOTHER

[2018] Lloyd's Rep IR Plus 40

Insurance (property and liability) – Extension of policy to third parties – Meaning of damage to property – Validity of assignment of claim – Reasonableness of settlement with third party.

IRVING v MORGAN SINDALL PLC

[2018] Lloyd's Rep IR Plus 41

Insurance (motor vehicle) – Credit hire charges for replacement vehicle – Whether contingent liability to pay charges sufficed for claim – Whether claimant was impecunious.

HOFSOE v LVM LANDWIRTSCHAFTLICHER VERSICHERUNGSVEREIN MÜNSTER AG

[2018] Lloyd's Rep IR Plus 42

Insurance (liability) – Jurisdiction – Direct action against insurers – Assignment of claim to professional claims assignee – Whether claim could be brought in courts of assignee's domicile – Brussels Regulation, European Parliament and Council Regulation (EC) No 44/2001.

LIBERTY MUTUAL INSURANCE CO AND OTHERS v KELLOGG BROWN AND ROOT PTY LTD AND OTHERS

[2018] Lloyd's Rep IR Plus 43

Insurance (liability) – Whether policy provided primary or excess layer cover – Status of slip – Effect of slip on policy interpretation.

AMASHAW PTY LTD v MARKETFORM MANAGING AGENCY LTD

[2018] Lloyd's Rep IR Plus 44

Insurance (liability) – Property damage – Whether loss covered by the policy – Whether claimant breached duty of disclosure – Whether insurer entitled to avoid policy – Insurance Contracts Act 1984 (Cth), sections 21(1) and 28(3).

NESBIT LAW GROUP LLP v ACASTA EUROPEAN INSURANCE CO LTD

[2018] Lloyd's Rep IR Plus 45

Insurance (financial guarantee) – Litigation funding scheme – Insurance in respect of solicitors’ irrecoverable costs – Exclusion for breaches of agreement – Whether exclusion applied to subsequent Refinancing Agreement

GLASGOW (THE BANKRUPTCY TRUSTEE OF HARLEQUIN PROPERTY LTD) v ELS LAW LTD AND OTHERS

[2018] Lloyd's Rep IR Plus 46

Insurance (legal expenses) – Recovery of premiums from proceeds of judgment – Whether insurers entitled to lien for premiums.

WELLINGTON CITY COUNCIL v LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LTD

[2018] Lloyd's Rep IR Plus 47

Mutual insurance – Condition precedent requiring notification of potential claims – Member of mutual society notifying potential claim late – Mutual society commuting reinsurance unaware of claim – Whether member in breach of society’s rules – Whether rules constituted a contract of insurance – Exercise of discretion by society.

MAMANCOCHET MINING LTD v AEGIS MANAGING AGENCY LTD AND OTHERS

[2018] Lloyd's Rep IR Plus 48

Insurance (marine) – Effect of US and EU sanctions on dealings with Iran – Whether payment under a lawful policy exposed insurers to sanctions under US or EU law.

WHEELDON BROTHERS WASTE LTD v MILLENNIUM INSURANCE CO LTD

[2018] Lloyd's Rep IR Plus 49

Insurance (property) – Warranty – Conditions precedent – Principles of construction – Whether assured was in breach of any obligations.

CLARK v FARLEY AND OTHERS

[2018] Lloyd's Rep IR Plus 50

Insurance (motor) – Motor Insurers' Bureau – Claimant injured in collision between two uninsured motorcycles – Ex turpi causa – Whether claimant precluded from recovery by participation in joint enterprise.

AGEAS INSURANCE LTD v STOODLEY ADVANTAGE INSURANCE CO LTD (INTERVENING)

[2018] Lloyd's Rep IR Plus 51

Insurance (motor) - Misrepresentation - Insurers avoiding policy for misrepresentation and obtaining a declaration - Application by other insurers to set declaration aside - Road Traffic Act 1988, section 152 - Consumer Insurance (Disclosure and Representations) Act 2012 - CPR 40.9.

XU AND ANOTHER v IAG NEW ZEALAND LTD

[2018] Lloyd's Rep IR Plus 52

Insurance (property) – Sale of damaged property – Assignment of claim to purchaser – Whether purchaser able to recover rebuilding costs.

WEIR SERVICES AUSTRALIA PTY LTD v AXA CORPORATE SOLUTIONS ASSURANCE

[2018] Lloyd's Rep IR Plus 53

Insurance (liability) – Claim settled by assured prior to arbitration award – Award dismissing claim against assured – Whether insurers liable for settlement – Whether insurers liable for defence costs – Meaning of "occurrence" – Claims condition – Effect of condition precedent.

THE CULTURAL FOUNDATION AND ANOTHER v BEAZLEY FURLONGE LTD AND OTHERS

[2018] Lloyd's Rep IR Plus 54

Insurance (liability) – Claims made and notified cover – Notification of circumstance – Knowledge of existence of circumstance – Scope of notification – Year into which notification fell – Defence costs – Third Parties (Rights Against Insurers) Act 1930.

LLR: Insurance & Reinsurance Plus