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KOMIVES AND ANOTHER v HICK LANE BEDDING LTD AND ANOTHER
[2022] Lloyd's Rep. IR Plus 1
Insurance (employers’ liability) – Avoidance of policy for non-disclosure and misrepresentation –Effect of Insurance Conduct of Business Sourcebook – Whether avoidance unreasonable – Third Parties (Rights Against Insurers) Act 1930 – Employers’ Liability (Compulsory Insurance) Act 1969.
ABN AMRO BANK NV v ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS
[2022] Lloyd's Rep. IR Plus 2
Insurance (marine) – Misrepresentation and non-disclosure – Construction – Meaning of Transaction Premium Clause – Effect of non-avoidance clause – Estoppel.
JONES v ZURICH INSURANCE PLC
[2022] Lloyd's Rep. IR Plus 3
Insurance – Consumer policy – Duty to take reasonable care – Proof of dishonesty or recklessness – Remedy – Consumer Insurance (Disclosure and Representations) Act 2012.
BROWN v FISK AND OTHERS
[2022] Lloyd's Rep. IR Plus 4
Insurance (motor) – Compulsory insurance – Pedestrian injured in yard – Whether yard was a “public place” – Summary judgment – Road Traffic Act 1988, sections 143 and 151 – Civil Procedure Rules, rule 24.2.
AAI LTD T/A VERO INSURANCE v TECHNOLOGY SWISS PTY LTD
[2022] Lloyd's Rep. IR Plus 5
Insurance (marine) – Subrogation – Settlement covering insured and uninsured losses – No allocation – Recovery from third party – Whether insurers entitled to subrogation rights over recovery.
BERKSHIRE ASSETS (WEST LONDON) LTD v AXA INSURANCE UK PLC
[2022] Lloyd's Rep. IR Plus 6
Insurance (contractors all risks and business interruption) – Duty of fair presentation – Non-disclosure of criminal charges – Whether charges were material circumstances – Inducement – Insurance Act 2015, sections 3 and 7.
ARCH INSURANCE (UK) LTD v MCCULLOUGH
[2022] Lloyd's Rep. IR Plus 7
Insurance (liability) – Claims clause – Condition precedent – Notification of circumstances that may give rise to a claim.
AVIVA INSURANCE LTD AND ANOTHER v SECRETARY OF STATE FOR WORK AND PENSIONS
[2022] Lloyd's Rep. IR Plus 8
Insurance (liability) – Obligation of liability insurers to repay state benefits received in respect of injuries – Application to long-tail exposure liabilities – Whether obligation contrary to human rights law – Social Security (Recovery of Benefits) Act 1997 – Bill of Rights 1688 – Human Rights Act 1998.
SPIRE HEALTHCARE LTD v ROYAL & SUN ALLIANCE INSURANCE LTD
[2022] Lloyd's Rep. IR Plus 9
Insurance (liability) – Aggregation – Indemnity limited to all losses arising from one original cause – Two groups of patients subjected to misconduct by one surgeon – Whether one or two original causes.
CORBIN & KING LTD AND OTHERS v AXA INSURANCE UK PLC
[2022] Lloyd's Rep. IR Plus 10
Insurance (business interruption) – Covid-19 – Denial of access clause – Application of clause to pandemic – Causation – Composite policy – Limit of indemnity was aggregate or per premises.
STAR ENTERTAINMENT GROUP LTD AND OTHERS v CHUBB INSURANCE AUSTRALIA LTD AND OTHERS
[2022] Lloyd's Rep. IR Plus 11
Insurance (business interruption) – Policy covering business interruption following physical loss or damage to insured property – Exclusion for loss resulting from public authority action – Civil Authority Extension for loss for retarding any conflagration or other catastrophe – Whether measures closing premises following Covid-19 were within Civil Authority Extension.
STAR ENTERTAINMENT GROUP LTD v CHUBB INSURANCE AUSTRALIA LTD
[2022] Lloyd's Rep. IR Plus 12
Insurance (business interruption) – Policy covering business interruption following physical loss or damage to insured property – Exclusion for loss resulting from Public Authority action – Civil Authority Extension for loss for retarding any conflagration or other catastrophe – Whether measures closing premises following Covid-19 were within Civil Authority Extension.
SWISS RE INTERNATIONAL SE v LCA MARRICKVILLE PTY LTD
[2022] Lloyd's Rep. IR Plus 13
Insurance (business interruption) – Test case – Meaning of disease clauses, closure clauses and hybrid clauses – Meaning of “damage” to property – Effect of governmental payments on recovery under policy.
LCA MARRICKVILLE PTY LTD v SWISS RE INTERNATIONAL SE
[2022] Lloyd's Rep. IR Plus 14
Insurance (business interruption) – Test case – Meaning of disease clauses, closure clauses and hybrid clauses – Meaning of “damage” to property – Effect of governmental payments on recovery under policy.
BUTTAR CONSTRUCTION LTD v ARSHDEEP
[2022] Lloyd's Rep. IR Plus 15
Insurance (liability) – Interim payment – Claim brought against two tortfeasors – Insurers reserving rights – Whether interim payment should be ordered – Civil Procedure Rules 25.7(1).
THE POLICYHOLDERS SPECIFIED IN SCHEDULE 1 TO THE ARBITRATION AGREEMENT v CHINA TAIPING INSURANCE (UK) CO LTD
[2022] Lloyd's Rep. IR Plus 16
Insurance (business interruption) – Non-damage Denial of Access Extension – Whether Extension applied to diseases – Whether Extension covered national rather than local events – Whether acts of local authority included those of central government.
LANDEL PTY LTD AND ANOTHER v INSURANCE AUSTRALIA LTD
[2022] Lloyd's Rep. IR Plus 17
Insurance (property) – Flood damage – Limit on recovery for water overflowing from watercourse or lake – Source of floodwater – Causation – Concurrent causes
BRUSHFIELD LTD (TRADING AS THE CLARENCE HOTEL) v ARACHAS CORPORATE BROKERS LTD AND ANOTHER
[2022] Lloyd's Rep. IR Plus 18
Insurance – Business interruption – Covid-19 – Disease extension – Access extension – Causation.
JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS
[2022] Lloyd's Rep. IR Plus 19
Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured’s failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty.
SEHAYEK AND ANOTHER v AMTRUST EUROPE LTD
[2022] Lloyd's Rep. IR Plus 20
Insurance (building warranty) – Wrong company named as developer – Whether mistake – Estoppel and waiver.
ELGAMAL v WESTMINSTER CITY COUNCIL
[2022] Lloyd's Rep. IR Plus 21
Insurance (liability) – Claim for personal injury – Exaggeration of injuries – Whether claim was fundamentally dishonest – Criminal Justice and Courts Act 2015, section 57.
AIG EUROPE SA AND OTHERS v JOHN WOOD GROUP PLC AND ANOTHER CHUBB EUROPEAN GROUP SE v JOHN WOOD GROUP PLC AND ANOTHER ALLIED WORLD ASSURANCE CO (EUROPE) DAC v JOHN WOOD GROUP PLC AND ANOTHER
[2022] Lloyd's Rep. IR Plus 22
Insurance (liability) – Conflict of laws – Anti-suit injunction – Jurisdiction – Arbitration – Whether policies contained English jurisdiction clauses – Effect of incorporation – Senior Courts Act 1981, section 37.
AIG EUROPE SA AND OTHERS v JOHN WOOD GROUP PLC AND ANOTHER CHUBB EUROPEAN GROUP SE v JOHN WOOD GROUP PLC AND ANOTHER [2022] EWCA Civ 781
[2022] Lloyd's Rep. IR Plus 23
Insurance (liability) – Conflict of laws – Anti-suit injunction – Jurisdiction – Arbitration – Whether policies contained English jurisdiction clauses – Effect of incorporation – Senior Courts Act 1981, section 37.
COLLEY v MOTOR INSURERS’ BUREAU
[2022] Lloyd's Rep. IR Plus 24
Insurance (motor) – Compulsory policy – Insurers avoided policy after accident but before judgment against assured – Whether victim had claim against Motor Insurers’ Bureau – Road Traffic Act 1988, sections 151 and 152 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EU.
ARMSTEAD v ROYAL & SUN ALLIANCE INSURANCE CO LTD
[2022] Lloyd's Rep. IR Plus 25
Insurance (motor) – Bailment – Claimant’s hire car damaged in collision – Claimant liable under hiring agreement for full cost of hire – Whether insurers of negligent driver liable for costs of hire.
ARMSTEAD v ROYAL & SUN ALLIANCE INSURANCE CO LTD
[2022] Lloyd's Rep. IR Plus 26
Insurance (motor vehicle) – Credit hire – Hired replacement vehicle damaged by driver negligence – Whether driver’s insurers liable for damages for loss of use.
COACHHOUSE CATERING LTD v FROST INSURANCES LTD AND OTHERS
[2022] Lloyd's Rep. IR Plus 27
Insurance (business interruption) – Covid-19 – Whether closure of business by government order amounted to loss – Suspension of licence extension – Prevention of access extension – Correction of obvious mistake in drafting.
PIRAEUS BANK AE v ANTARES UNDERWRITING LTD AND OTHERS
[2022] Lloyd's Rep. IR Plus 28
Insurance (marine) – Mortgagees’ interest insurance (MMI) – Vessel detained in Venezuela on suspicion of smuggling oil – Claim under war risks policy rejected – Whether MMI insurers were liable – Whether detention excluded from war risks policy – Whether vessel was a constructive total loss – Marine Insurance Act 1906, section 60 – Effect on MMI policy of excluded loss under war risks policy.
SOUTH AUSTRALIAN METROPOLITAN FIRE SERVICE v ACN 008 275 296 PTY LTD AND OTHERS
[2022] Lloyd's Rep. IR Plus 29
Insurance (liability) – Whether policy covered claims under Fire and Emergency Services Act 2005 (South Australia) – Distinction between first and third-party policies – Meaning of terms “damages” and “compensation”.
LIBERTY MUTUAL INSURANCE COMPANY AUSTRALIAN BRANCH v ICON CO (NSW) PTY LTD
[2022] Lloyd's Rep. IR Plus 30
Insurance (construction) – Building in course of construction suffering loss – Whether policy applied to works commenced in policy period but not completed until after termination of policy – Effect of endorsement – Rectification – Whether building was a “product”.
LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN
[2022] Lloyd's Rep. IR Plus 31
Arbitration – Judgment entered in terms of arbitration award – Application to enforce later Spanish judgment in England – Whether earlier judgment prevented enforcement in England – Arbitration Act 1996, section 66 –Council Regulation (EC) No 44/2001 (Brussels I Regulation), articles 1, 27, 33 and 34.
PT ADIDAYA ENERGY MANDIRI v MS FIRST CAPITAL INSURANCE LTD
[2022] Lloyd's Rep. IR Plus 32
Insurance (marine) – Constructive total loss – Breach of warranty – Breach of claims condition – Notice of abandonment – Suing and labouring costs – Marine Insurance Act 1906, sections 62 and 78 – Insurance Act 2015, sections 10 and 11.
DOORWAY CAPITAL LTD v AMERICAN INTERNATIONAL GROUP UK LTD
[2022] Lloyd's Rep. IR Plus 33
Insurance (liability) – Solicitors’ liability policy – Liability incurred under receivables funding agreement – Whether liability arising in course of professional practice – Exclusion for trading liabilities –Third Parties (Rights Against Insurers) Act 2010.
HEADFORT ARMS LTD v ZURICH INSURANCE PLC
[2022] Lloyd's Rep. IR Plus 34
Insurance (business interruption) – Premises closed by government regulations – Policy covering business interruption if caused by damage to insured premises – Damage defined as including loss of premises – Whether temporary deprivation of use constituted loss.
QUADRA COMMODITIES SA v XL INSURANCE COMPANY SE AND OTHERS
[2022] Lloyd's Rep. IR Plus 35
Insurance (marine) – Cargo claim – Insurable interest – Whether subject matter was lost – Measure of indemnity – Suing and labouring – Late payment – Marine Insurance Act 1906, sections 5 and 67 – Insurance Act 2015, section 13A – Sale of Goods Act 1979, sections 16, 20A and 61.
AL MANA LIFESTYLE TRADING LLC AND OTHERS v UNITED FIDELITY INSURANCE CO PSC AND OTHERS
[2022] Lloyd's Rep. IR Plus 36
Insurance (business interruption) – Jurisdiction – Construction of jurisdiction clause – Exclusive or non-exclusive – Forum non conveniens.
NORTHBRIDGE GENERAL INSURANCE CO v AVIVA INSURANCE CO
[2022] Lloyd's Rep. IR Plus 37
Insurance (liability) – Contribution between insurers – Effect of competing excess clauses.
CAPITAL SEWER SERVICING INC v CROSSLINX TRANSIT SOLUTIONS CONSTRUCTORS
[2022] Lloyd's Rep. IR Plus 38
Insurance (liability) – Main contract insurance provisions incorporated into subcontract – Indemnity provisions in subcontract – Whether indemnity took priority over insurance provisions.
FIBRETECH HOLDINGS LTD v VERO INSURANCE NEW ZEALAND LTD
[2022] Lloyd's Rep. IR Plus 39
Insurance (property) – Earthquake damage – Settlement agreement – Premiums wrongly paid after total loss – Whether settlement agreement applied premium recovery.
ALLIANZ AUSTRALIA INSURANCE LTD v RAWSON HOMES PTY LTD
[2022] Lloyd's Rep. IR Plus 40
Insurance (property) – Policy covering building contracts – Damage to numerous buildings – Aggregation – Open cover – Meaning of “any one event”.
ADELAIDE (SA) POOLS & SPA MANUFACTURING AND INSTALLATION PTY LTD AND OTHERS v WESTCOURT GENERAL INSURANCE BROKERS PTY LTD (NO 2)
[2022] Lloyd's Rep IR Plus 41
Insurance (business interruption) – Liability of insurance broker – Inadequate insurance placed for loss of business – Whether broker in breach of duty of care – Measure of damages – Contributory negligence – Failure to mitigate – Liability to controller of business.
GLOBAL PRIVATE INVESTMENTS RSC LTD v GLOBAL AEROSPACE UNDERWRITING MANAGERS LTD AND OTHERS
[2022] Lloyd's Rep IR Plus 42
Insurance (aviation) – Measure of indemnity – Whether assured entitled to recover for diminution in value after repairs – Limit of liability for replacement aircraft.
CERTAIN UNDERWRITERS AT LLOYD’S OF LONDON SUBSCRIBING TO POLICY NUMBER B1294HSGBGH152448 v DHILLON SCAFFOLDING PTY LTD
[2022] Lloyd's Rep IR Plus 43
Insurance (liability) – Employee injured at work – Claim against liability insurers – Whether employer in breach of reasonable care obligations.
DIAMOND WORLD JEWELLERS PTY LTD v CATLIN AUSTRALIA PTY LTD
[2022] Lloyd's Rep. IR Plus 44
Insurance (property) – Utmost good faith – Duties of assured in claims process – Duties of insurers in claims process – Proof of loss.
MDS INC v FACTORY MUTUAL INSURANCE CO
[2022] Lloyd's Rep. IR Plus 45
Insurance (business interruption) – Extension for physical damage to property of supplier – Exclusion for “corrosion” – Effect of all risks cover – Meaning of “corrosion” – Whether inability to use constituted physical damage.
QBE EUROPE SA/NV AND ANOTHER v GENERALI ESPANA DE SEGUROS Y REASEGUROS
[2022] Lloyd's Rep. IR Plus 46
Arbitration – Anti-suit injunction – Foreign proceedings in breach of arbitration clause – Nature of legislation conferring right of action – Senior Courts Act 1981, section 37.
UK P&I CLUB NV AND ANOTHER v REPUBLICA BOLIVARIANA DE VENEZUELA (THE “RCGS RESOLUTE”)
[2022] Lloyd's Rep. IR Plus 47
Arbitration – Anti-suit injunction – Direct action against insurers by third-party state – Whether third-party state bound by arbitration clause – Whether anti-suit injunction could be granted against a state – State Immunity Act 1978, sections 1, 9 and 13 – European Convention on Human Rights, article 6.