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LLR: Insurance & Reinsurance RSS feed

CARVILL AMERICA INCORPORATED RK CARVILL & CO LTD v CAMPERDOWN UK LTD XL SPECIALITY INSURANCE CO

Reinsurance - Conflict of laws - Liability for brokerage - US insurers appointing brokers in US to place reinsurance - Agreement providing that brokers would be paid by reinsurers as was customary - Reinsurance placed in England - Reinsured ending appointment of brokers - Action by brokers against reinsurers seeking brokerage - Whether reinsured a necessary and proper party to the proceedings - Whether agreement excluded liability of reinsured for brokerage - Whether custom and practice in London market that reinsurers alone liable for brokerage - Whether England the most appropriate forum for hearing of action against reinsured - CPR, rr 6.20(3) and 6.21(2A).

[2006] Lloyd's Rep IR 1

BOLTON METROPOLITAN BOROUGH COUNCIL v MUNICIPAL MUTUAL INSURANCE LTD COMMERCIAL UNION ASSURANCE CO LTD

Insurance (public liability) - Employee killed by pneumoconiosis - Liability insurance provided by D2 in place for period of exposure - Liability insurance provided by D1 in place after period of exposure - Both policies triggered by bodily injury - Date at which bodily injury occurred - Effect of late notification of claim - Whether contribution available as between successive insurers.

[2006] Lloyd's Rep IR 15

TIOXIDE EUROPE LTD v CGU INTERNATIONAL PLC

Insurance (product liability) - Excess policies incorporating terms of first layer policy - Supply of pigment which caused “pinking” when used in pvc door and window frames - Excess policies containing loss notification option in respect of claims made against assured and notified to primary layer insurers - Notice to be given to excess layer insurers - Fax sent by assured to brokers - Whether loss notification option complied with.

[2006] Lloyd's Rep IR 31

TEKTROL LTD v INTERNATIONAL INSURANCE CO OF HANOVER LTD

Insurance (business interruption) - Loss of source code by virus and by subsequent burglary - Policy excluding loss of information on computer systems in ohr records directly or indirectly caused by malicious persons - Whether loss of source code directly or indirectly caused by virus - Whether loss by burglary covered by policy.

[2006] Lloyd's Rep IR 38

FRIENDS PROVIDENT LIFE & PENSIONS LTD v SIRIUS INTERNATIONAL INSURANCE

Insurance (professional indemnity) - Primary layer policy imposing condition precedent that claims be notified as soon as possible during period of insurance - Excess layer policies incorporating terms of primary layer policy - Effect of incorporation - Whether extended cover under first layer policy incorporated into excess layer policies - Whether notification to brokers appointed by primary layer insurers was also given to excess layer policies - Whether notification clause a condition precedent to liability - Effect of breach of notification clause if not a condition precedent.

[2006] Lloyd's Rep IR 45

TRAVELLERS CASUALTY & SURETY CO OF EUROPE LTD ZURICH GSG LTD LLOYD’S SYNDICATE 33 ST PAUL INTERNATIONAL INSURANCE COMPANY LTD NEW HAMPSHIRE INSURANCE COMPANY LTD DE MONTFORT INSURANCE COMPANY PLC v COMMISSIONERS OF CUSTOMS AND EXCISE

Reinsurance - Insurance Premium Tax - Surety bonds issued by insurers - Reinsurance of liabilities under surety bonds obtained by insurers - Whether reinsurance premiums subject to Insurance Premium Tax - Finance Act 1994, section 70 and Schedule 7A, para 1.

[2006] Lloyd's Rep IR 63

KONKOLA COPPER MINES PLC v COROMIN

Reinsurance - Conflict of laws - Mine in Zambia insured by local and Bermuda insurers - Reinsurers placed in London market - Claim brought by mine owner against insurers in Zambia under specific perils cover and against insurers in England under all risks cover - Reinsurers joined as Part 20 defendants to English proceedings - Whether English proceedings should be stayed pending determination of Zambian proceedings - Whether reinsurance incorporate Zambian jurisdiction clause from direct policy - Whether clause providing for exclusive jurisdiction - Whether English court had jurisdiction to stay proceedings - Council Regulation 44/2001, articles 2 and 27.

[2006] Lloyd's Rep IR 71

HEESENS YACHT BUILDERS BV v COX SYNDICATE MANAGEMENT LTD THE LADY HALIMA

Insurance (liability) - Assured shipyard insured against liability on guarantees given by it in respect of two vessels built by it for claimants - Whether policy applied to guarantees on vessels delivered during currency of policy or to guarantees on vessels whose construction commenced during currency of policy.

[2006] Lloyd's Rep IR 103

FORREST & SONS LTD v CGU INSURANCE PLC

Insurance - Fire and business interruption policy - Assured operating oven in course of business - Oven defective and taken out of operation - Oven then put back into service and caused fire - Whether assured in breach of policy condition against increase of risk - Whether assured guilty of non-disclosure concerning re-use of oven.

[2006] Lloyd's Rep IR 113

DORNOCH LTD v MAURITIUS UNION ASSURANCE CO LTD MAURITIUS COMMERCIAL BANK LTD

Reinsurance - Conflict of laws - Direct bankers’ blanket policy governed by law of Mauritius - Reinsurance governed by English law - Proceedings for negative declaration issued by reinsurers in England - reinsurers then joined to action by assured against insurers in Mauritius - Whether anti-suit injunction should be granted in favour of reinsurers - Whether reinsurance incorporated an exclusive jurisdiction clause - Law applicable to reinsurance - Rome Convention 1980, articles 2 and 3 - Whether England the most convenient forum for action - Action in tort by reinsurers for fraudulent misrepresentation - Law applicable to tort claim - Private International Law (Miscellaneous Provisions) Act 1995, sections 11 and 12.

[2006] Lloyd's Rep IR 127

ERC FRANKONA REINSURANCE v AMERICAN NATIONAL INSURANCE CO

Reinsurance - Effect of scratching reinsurance slip “TBE” (“to be entered”) - Non-disclosure by reinsured of fraud of reinsured’s underwriting agent - Whether reinsured or agent knew of fraud - Whether knowledge of agent imputed to reinsured - Whether fraud material and induced the reinsurers - Non-disclosure by reinsured of direct losses - Whether reinsured guilty of misrepresentation as regards itself acting as reinsurer - Whether false statements amounted to warranties - Marine Insurance Act 1906, sections 18, 19 and 20.

[2006] Lloyd's Rep IR 157

RONSON INTERNATIONAL LTD v PATRICK

Insurance (householders’ liability) - Policy excluding liability for “wilful, malicious or criminal” acts - Policy requiring immediate written notification of any incident for which assured might be held responsible - Assured deliberately lighting fire leading to loss of claimant’s property - Whether loss caused by wilful act - Whether insurers entitled to rely upon breach of claims condition.

[2006] Lloyd's Rep IR 194

CANDOLIN v VAHINKOVAKUUTUSOSAKEYHTIO POHJOLA

Insurance (motor) - Finnish law preventing passenger from recovering damages for personal injury from intoxicated driver’s insurers other than in exceptional circumstances - Whether Finnish law compatible with EC Motor Insurance Directives - Council Directives 85/5 and 90/232.

[2006] Lloyd's Rep IR 209

PRIFTI v MUSINI SOCIEDAD ANONIMA DE SEGUROS Y REASEGUROS (NO 2)

Reinsurance - Conflict of laws - Stay of proceedings - Proceedings brought in Spain by assured against insurers - Proceedings brought in England by reinsured against reinsurers - Whether English proceedings should be stayed pending determination of Spanish provisions - Supreme Court Act 1981, section 49(3) - CPR 3.1(2)(f).

[2006] Lloyd's Rep IR 221

GAUGHAN v TONY McDONAGH & CO LTD

Insurance (property) - Insurance broker - Hotel insured against fire and other risks - Broker subsequently providing false information to insurers as to nature of hotel - Insurers avoiding policy for misrepresentation - Action brought against brokers - Date on which broker’s breach of duty occurred - Whether broker’s breach of duty caused loss by reason of existence of independent grounds for avoidance.

[2006] Lloyd's Rep IR 230

R+V VERSICHERUNG AG v RISK INSURANCE AND REINSURANCE SOLUTIONS SA

Reinsurance - Underwriting agent - Binding authorities agreed between employee of reinsurers and underwriting agent - Additional 40 per cent commission to be paid to underwriting agent in first year - Whether unlawful conspiracy between employee and underwriting agent - Whether repudiation of binding authorities by underwriting agent - Whether underwriting agent repudiated binders by abuse.

[2006] Lloyd's Rep IR 253

HAWLEY v LUMINAR LEISURE LTD AND OTHERS

Insurance (public liability) - Second defendant providing security services for first defendant - Claimant injured at first defendant’s premises by door steward employed by second defendant - Whether first defendant vicariously liable for tort of second defendant’s employee - Whether door steward a temporary employee of first defendant - Whether second defendant’s public liability insurers liable to provide indemnity - Whether claimant’s injury caused by “sudden, unforeseen, fortuitous and identifiable” act.

[2006] Lloyd's Rep IR 307

KR AND OTHERS v ROYAL & SUN ALLIANCE PLC

Insurance (liability) - Controller of company operating children’s homes guilty of abusing children - Civil actions against company succeeding on basis that homes were operated negligently - Company becoming insolvent - Claim against insurers under Third Parties (Rights against Insurers) Act 1930 - Policy excluding deliberate acts or omissions - Whether conduct of controller imputed to company - Date on which insurance commenced.

[2006] Lloyd's Rep IR 327

MULCHRONE v SWISS LIFE (UK) PLC

Insurance (group personal accident) - Employee making claim for repetitive stress injury - Policy containing arbitration clause - Whether employee could bring arbitration proceedings against insurers - Contracts (Rights of Third Parties) Act 1999 - Date on which insurance was made - Date of onset of disablement.

[2006] Lloyd's Rep IR 339

MUNDI v LINCOLN ASSURANCE LTD

Insurance (life) - Utmost good faith - Policy taken out in 1997 - Premiums not paid and insurers gave notice of lapse in December 1998 - Policy reinstated January 1999 following declaration of good health - Whether declaration a fresh contract - Whether medical consultations material facts - Whether drinking habits material facts - Inducement.

[2006] Lloyd's Rep IR 353

RE T&N LTD (NO 3) 1 CURZON INSURANCE LTD v (1) CENTRE REINSURANCE INTERNATIONAL CO (2) MUENCHENER RUECKVERSICHERUNGS-GESELLSCHAFT (3) T&N LTD

Reinsurance - Settlement agreements reached by reinsured - Whether agreements contravened terms of reinsurance - Claims handling rights - Obtaining information - Whether breach of authorisation requirement under Financial Services and Markets Act 2000, section 19 - Whether appropriate for court to exercise jurisdiction to issue declaration.

[2006] Lloyd's Rep IR 370

BONNER AND OTHERS v COX AND OTHERS

Reinsurance - Energy risks insured under Open Cover - Reinsurance issued as standing offer to subscribers to Open Cover - Whether brokers’ knowledge of loss prior to acceptance of reinsurance cover was a material fact - Whether reinsurers induced - Whether misrepresentations made to reinsurers as to duration and nature of direct risks under Open Cover - Whether implied term that reinsured would not “write against” the reinsurance - Nature of terms to be implied into a reinsurance agreement - Whether reinsurance covered long-term risks re-signed into the period of coverage.

[2006] Lloyd's Rep IR 385

CGU INTERNATIONAL INSURANCE PLC AND OTHERS v ASTRAZENECA INSURANCE CO LTD

Reinsurance - Conflict of laws - Applicable law - Direct policy governed by English law - US service of suit clause - Whether direct policy to be construed under law of Iowa - Construction of reinsurance agreement - Effect of “follow the fortunes” clause - Arbitration Act 1996, section 69.

[2006] Lloyd's Rep IR 409

DANEPOINT LTD v UNDERWRITING INSURANCE LTD

Insurance (fire policy) - Fraudulent claim - Premises damaged by fire - Claims for repair/reinstatement and loss of rent - Agreed contractors not used by assured - Invoices submitted for work not carried out - Claims made for lost rent when flats remained occupied - Whether claim fraudulent - Consequences of fraud.

[2006] Lloyd's Rep IR 429

FINANCIAL SERVICES COMPENSATION SCHEME LTD v LARNELL

Insurance (liability) - Limitation of actions - Limitation period for claim against assured becoming insolvent - Whether claim time-barred by running of time after insolvency of assured - Impact of 15-year long-stop - Effect on limitation period on claim under Third Parties (Rights Against Insurers) Act 1930 - Limitation Act 1980, sections 14A and 14B.

[2006] Lloyd's Rep IR 448

GERLING GENERAL INSURANCE CO ALLIANZ CORNHILL INSURANCE PLC ACE INSURANCE SA-NV ROYAL & SUN ALLIANCE INSURANCE PLC AXA GLOBAL RISKS (UK) LTD GREAT LAKES REINSURANCE v CANARY WHARF GROUP PLC

Insurance (construction all risks) - Collapse of crane causing death and personal injury - Two other cranes diverted from original use as a result - Whether loss covered by policy - Whether costs incurred were necessarily and reasonably incurred to prevent or minimise interference with construction works - Whether assured in breach of notification obligations.

[2006] Lloyd's Rep IR 462

BRIT SYNDICATES LTD AND OTHERS v (1) ITALAUDIT SPA (2) GTI

Insurance (professional indemnity) - Composite policy - Umbrella organisation insuring itself and its members against professional liability - Policy covering umbrella organisation where facing liability for claims made against insured members - Policy avoided against member - Whether umbrella organisation nevertheless entitled to indemnity for claims against member.

[2006] Lloyd's Rep IR 487

HIH CASUALTY AND GENERAL INSURANCE LTD v JLT RISK SOLUTIONS LTD

Reinsurance (film finance) - Reinsured making payment under direct policies despite being told by reinsurers that indemnity would not be provided - Whether brokers in breach of duty in not alerting reinsured to possible defence under direct policy - Whether breach of duty causative of reinsured’s loss - Whether reinsured contributorily negligent.

[2006] Lloyd's Rep IR 493

NORTH STAR SHIPPING LTD v SPHERE DRAKE INSURANCE PLC

Insurance (marine war risks) - Vessel destroyed by explosive device - Misrepresentation and non-qjdisclosure - Whether outstanding criminal and civil proceedings a material fact - Whether impecuniosity of assured a material fact - Whether overvaluation of vessel a material fact - Marine Insurance Act 1906, section 18(2).

[2006] Lloyd's Rep IR 519

TALBOT UNDERWRITING LTD v NAUSCH, HOGAN & MURRAY INC (THE “JASCON 5”)

Insurance (marine construction risks) - Brokers instructed by owners to take out insurance covering repair of vessel with repairers as co-assured - Slip policy not naming repairers - Whether repairers parties to insurance under insuring clause or by reason of doctrine of undisclosed principal - Whether trust of policy in favour of repairers - Whether existence of undisclosed principal a material fact requiring disclosure - Whether insurers induced - Whether duty of disclosure or breach of duty waived - Whether assured and repairers suffering loss by reason of any breach of duty by brokers - Whether loss proximately caused by delay or by insured peril - Marine Insurance Act 1906, section 55(2)(b).

[2006] Lloyd's Rep IR 531

BP PLC v AON LTD

Insurance - Open cover - Sub-brokers failing to make appropriate declarations to open cover - Whether duty of care owed to assured by sub-qjbrokers - Causation and measure of damages - Whether assured entitled to recover sums due under policies or cost of purchasing replacement cover.

[2006] Lloyd's Rep IR 577

EQUITAS LTD v WAVE CITY SHIPPING CO LTD

Insurance (marine war risks) - Conflict of laws - Vessel becoming constructive total loss - War risks insurers refusing to make payment - Insurers receiving profit commission from reinsurers - Allegation by assured that reinsurers had induced breach of insurance contract by paying profit commission - Application by reinsurers for negative declaration - Whether court had jurisdiction to grant negative declaratory relief in respect of tort claim - Council Regulation 44/2001/EC, article 5(3) - Whether reinsurers liable in tort.

[2006] Lloyd's Rep IR 646

ING RE (UK) LTD v R&V VERSICHERUNG AG

Reinsurance - Underwriting agent - Quota share reinsurance treaty entered into by underwriting agent on behalf of reinsurers - Agent having no actual authority to enter treaty - Whether agent had ostensible authority - Whether reinsurers ratified treaty.

[2006] Lloyd's Rep IR 653

SOCIÉTÉ FINANCIÈRE ET INDUSTRIELLE DU PELOUX v AXA BELGIUM AND OTHERS Case C-112/03

Insurance (liability) - Conflict of laws - Assured domiciled in France - Assured’s parent company domiciled in Belgium procuring a group policy from Belgian insurer covering assured in France - Belgian policy containing jurisdiction clause nominating Belgian courts - Proceedings commenced against assured in France - Whether Belgian insurers could be joined to French proceedings despite jurisdiction clause - Brussels Convention 1968, articles 10 and 12.

[2006] Lloyd's Rep IR 676

AXA RE v ACE GLOBAL MARKETS LTD

Reinsurance - Arbitration - Agreement containing non-exclusive jurisdiction clause nominating the English courts - Agreement referring to standard clauses which included arbitration clause - Whether reinsurance incorporated arbitration clause - Whether arbitration clause could be reconciled with jurisdiction clause.

[2006] Lloyd's Rep IR 683

EULER HERMES UK PLC v APPLE COMPUTER BV

Insurance (credit) - Obligations of assured under settlement contract - Whether settlement incorporated obligation on assured to bring successful proceedings against third party - Assured failing to do so - Whether assured obliged to repay sums paid under settlement.

[2006] Lloyd's Rep IR 691

GOSHAWK DEDICATED LTD v ROP INC

Insurance (viatical business) - Conflict of laws - Arbitration - Insurance containing arbitration clause - Policy assigned - Arbitration commenced against assignee in London - Tort proceedings commenced in Georgia against assignee’s parent company - Assignee applied to intervene in Georgia proceedings - Whether anti-suit injunction should be granted against assignee.

[2006] Lloyd's Rep IR 711

KYLE BAY LTD v UNDERWRITERS SUBSCRIBING TO POLICY NO 019057/08/01

Insurance (business interruption) - Whether policy written on gross profits (average) basis or declaration linked basis (no average) - Whether policy could be rectified - Claim compromised under final settlement on basis of gross profits cover - Whether settlement void for mistake or voidable for misrepresentation - Whether settlement subject to condition precedent.

[2006] Lloyd's Rep IR 718

RENDALL v COMBINED INSURANCE COMPANY OF AMERICA

Reinsurance - Insurance (travel) - Employees killed while evacuating South Tower of World Trade Center - Insurance covering death or injury while travelling on employer’s business - Policy governed by Illinois law - Whether losses covered - Misrepresentation and non-disclosure - Estimate of number of travel days - Whether implied representation that estimate based on historical data - Waiver of disclosure - Marine Insurance Act 1906, section 20(5).

[2006] Lloyd's Rep IR 732

ROGERS v MERTHYR TYDFIL COUNTY BOROUGH COUNCIL

Insurance (after the event) - Costs - ATE premium payable in three stages - Whether inclusion of ATE premium in costs award reasonable - Access to Justice Act 1999, section 29 - Civil Procedure Rules, Parts 44 and 45.

[2006] Lloyd's Rep IR 759

DIAB v REGENT INSURANCE CO LTD (BELIZE)

Insurance (fire) - Policy laying down condition precedent requiring claim in writing and provision of information within 15 days - Assured told that any claim would be refused by reason of arson - No information provided to insurers - Whether insurers precluded from relying on condition precedent - Waiver - Estoppel - Relief from forfeiture.

[2006] Lloyd's Rep IR 779

DORNOCH LTD v MAURITIUS UNION ASSURANCE CO LTD

Reinsurance - Conflict of laws - Direct bankers’ blanket policy governed by law of Mauritius - Reinsurance governed by English law - Proceedings for negative declaration issued by reinsurers in England - Reinsurers then joined to action by assured against insurers in Mauritius - Whether reinsurance incorporated an exclusive jurisdiction clause - Law applicable to reinsurance - Rome Convention 1980, articles 2 and 3 - Whether England the most convenient forum for action - Action in tort by reinsurers for fraudulent misrepresentation - Law applicable to tort claim - Private International Law (Miscellaneous Provisions) Act 1995, sections 11 and 12.

[2006] Lloyd's Rep IR 786

HEATH LAMBERT LTD v SOCIEDAD DE CORRETAJE DE SEGUROS (NO 2)

Reinsurance (marine) - Placing broker paying premium on marine reinsurance policy - Placing broker not indemnified by producing broker or reinsured - Whether placing broker had lien over proceeds of claim to satisfy outstanding premium - Marine Insurance Act 1906, section 53.

[2006] Lloyd's Rep IR 797

McMINN v (1) McMINN (2) AIOI INSURANCE CO OF EUROPE LTD

Insurance (motor) - Passenger injured in vehicle being driven by unauthorised person - Whether insurers liable to satisfy judgment against driver - Whether vehicle unlawfully taken - Whether passenger knew or ought to have known - Road Traffic Act 1988, section 151(4).

[2006] Lloyd's Rep IR 802

PHILLIPS v (1) RAFIQ (2) MOTOR INSURERS’ BUREAU

Insurance (motor) - Registered owner of vehicle uninsured for use of vehicle - Owner killed while passenger in vehicle being driven by uninsured driver - Claim against driver under Fatal Accidents Act 1976 - Whether Motor Insurers’ Bureau liable to satisfy judgment - Uninsured Drivers Agreement 1999, clause 6.

[2006] Lloyd's Rep IR 809

RE T&N LTD (NO 4)

Insurance (employers’ liability) - Scheme of arrangement proposed by insured company in respect of asbestos claims - Whether scheme of arrangement precluded by section 3 of the Third Parties (Rights Against Insurers) Act 1930 - Whether agreement to amend employers’ liability policy after its expiry contravened the Employers’ Liability (Compulsory Insurance) Act 1969 - Companies Act 1985, section 425.

[2006] Lloyd's Rep IR 817

SHINEDEAN LTD v ALLDOWN DEMOLITION (LONDON) LTD (IN LIQUIDATION) AXA INSURANCE UK PLC

Insurance (public liability and contractors’ all risks) - Assured allegedly guilty of negligence in causing damage to claimant’s property - Action for declaration as to liability of insurers to claimant under Third Parties (Rights against Insurers) Act 1930 - Allegation by insurers that assured failed to comply with claims cooperation clause - Whether clause a condition precedent to insurers’ liability - Whether assured in breach of clause.

[2006] Lloyd's Rep IR 846

STEMSON v AMP GENERAL INSURANCE (NZ) LTD

Insurance - Fraud - Whether assured deliberately set fire to insured premises - Fraudulent claim - Whether false statement made to loss adjuster after fire amounted to use of fraudulent means or devices.

[2006] Lloyd's Rep IR 852

SUN ALLIANCE & LONDON INSURANCE PLC v PT ASURANSRI DAYIN MITRA TBK (THE “NO 1 DAE BU”)

Insurance (marine) - Insurance taken out on vessel to be transported from South Korea to Indonesia - Vessel damaged before voyage commenced - Whether assured in breach of class warranties - Whether policy applied to port risks - Whether vessel unseaworthy - Discretion of English court to grant negative declaratory relief to insurers.

[2006] Lloyd's Rep IR 860