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

[2019] Lloyd's Rep. IR 1

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.

THE CULTURAL FOUNDATION AND ANOTHER v BEAZLEY FURLONGE LTD AND OTHERS

[2019] Lloyd's Rep. IR 12

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.

ADVANTAGE INSURANCE CO LTD v STOODLEY AND ANOTHER

[2019] Lloyd's Rep. IR 71

Insurance (motor) – Liability of insurer to indemnify policyholder driving another vehicle – Notice of discontinuance – Road Traffic Act 1988, sections 145 and 148 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC – CPR Parts 8 and 38.

ASPEN UNDERWRITING LTD v CREDIT EUROPE BANK NV

[2019] Lloyd's Rep. IR 78

Conflict of laws – Jurisdiction – Hull and machinery policy – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clauses in settlement agreement and policy – Whether binding on mortgagee bank – Tort, delict or quasi-delict – Undisclosed principal – “Matters relating to insurance” – Place where harmful event occurred – Insurance – Brussels Regulation Recast, Regulation 1215/2012/EU, articles 7, 10 and 14.

AVONDALE EXHIBITIONS LTD v ARTHUR J GALLAGHER INSURANCE BROKERS LTD

[2019] Lloyd's Rep. IR 104

Insurance (broker) – Assured in breach of duty of disclosure of convictions – Whether assured told broker of convictions – Whether broker failing to warn assured of duty of disclosure.

HAVEN INSURANCE CO LTD v EUI LTD (T/A ELEPHANT INSURANCE)

[2019] Lloyd's Rep. IR 128

Motor insurance – Arbitration – Jurisdiction of arbitrator – Extension of time for commencement of proceedings – Arbitration Act 1996, sections 12 and 67.

PAKEEZAH MEAT SUPPLIES LTD v TOTAL INSURANCE SOLUTIONS LTD

[2019] Lloyd's Rep. IR 137

Insurance (property) – Duties of brokers – Measure of damages – Whether assured aware of duty of disclosure – Whether risk insurable.

BANK OF QUEENSLAND LTD v AIG AUSTRALIA LTD AND OTHERS

[2019] Lloyd's Rep. IR 143

Insurance (liability) – Aggregation – Deductible to be borne for each claim – Whether claims were to be aggregated into a single claim.

FUNDO DE GARANTIA AUTOMÓVEL v ALINA ANTÓNIA DESTAPADO PÃO MOLE JULIANA AND ANOTHER

[2019] Lloyd's Rep. IR 155

Insurance (motor) – Vehicle unused and uninsured – Vehicle borrowed without consent and involved in accident – Compensation paid by Compensation Body – Whether Compensation Body had subrogation action against registered owner – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2005/14/EC.

MOBIS PARTS AUSTRALIA PTY LTD v XL INSURANCE CO SE

[2019] Lloyd's Rep. IR 162

Insurance (property and business interruption) – Warehouse collapse in storm – Stock later lost by fire – Whether policy should be rectified to include financial limit for storm or hail damage – Whether loss of contents proximately caused by storm – Whether stock lost in storm had to be replaced before indemnity payable – Business interruption – Whether depreciation should be deducted from indemnity for loss of gross profit.

PREZZO LTD v HIGH POINT ESTATES LTD

[2019] Lloyd's Rep. IR 202

Insurance (property) – Subrogation – Landlord and tenant – Whether landlord covenanted to insure building for tenant – Whether landlord's insurers had subrogation rights against tenant.

WALLETT v VICKERS

[2019] Lloyd's Rep. IR 205

Insurance (motor) – Fatal accident while two cars were racing on a dual carriageway – Joint enterprise – Ex turpi causa – Apportionment of liability.

ASPEN INSURANCE AND ANOTHER v SANGSTER & ANNAND LTD

[2019] Lloyd's Rep. IR 217

Insurance (public liability) – Effect of exclusion clause – Whether reasonable care test to be implied – Whether causal link between breach and loss required – Whether public liability policy applied to contract claims.

BTA BALTIC INSURANCE CO AS v BALTIJAS APDROŠINĀŠANAS NAMS AS

[2019] Lloyd's Rep. IR 224

Insurance (motor) – Meaning of “use” of vehicle – Passenger causing damage to another vehicle by opening door – Consolidated Motor Insurance Directive, 2009/103/EC.

CAMERON v LIVERPOOL VICTORIA INSURANCE CO LTD MOTOR INSURERS’ BUREAU (INTERVENING)

[2019] Lloyd's Rep. IR 230

Insurance (motor) – Action against unidentified driver – Service of claim form – Road Traffic Act 1988, section 151 – Civil Procedure Rules, Parts 6 and 7.

MANITOWOQ PLATINUM PTY LTD AND ANOTHER v WFI INSURANCE LTD

[2019] Lloyd's Rep. IR 242

Insurance (liability) – Construction of policy – General condition requiring compliance with Australian standards – Whether requirement absolute or dependent on lack of reasonable care – Effect of breach.

RSA INSURANCE PLC v ASSICURAZIONI GENERALI

[2019] Lloyd's Rep. IR 264

Insurance (liability) – Limitation of actions – Contribution claim – Running of time for contribution – Civil Liability (Contribution) Act 1978 – Limitation Act 1980.

AUSTRALASIAN CORRECTIONAL SERVICES PTY LTD v AIG AUSTRALIA LTD

[2019] Lloyd's Rep. IR 287

Insurance (liability) – Defence costs – Whether defence costs apportionable between insured and uninsured claims – Whether deductible extended to first-party costs.

DALAMD LTD v BUTTERWORTH SPENGLER COMMERCIAL LTD

[2019] Lloyd's Rep. IR 295

Insurance (property damage and business interruption) – Brokers – Duties on placement of risk – Duties to advise on coverage – Claim against brokers where insurers deny liability – Causation – Whether insurers had defences independent of brokers’ breaches of duty.

LEWIS v TINDALE AND OTHERS

[2019] Lloyd's Rep. IR 324

Insurance (motor) – Compulsory insurance – Whether insurance required for use of vehicle on private land – Whether policy to be construed as covering such liability – Whether Motor Insurers’ Bureau liable to satisfy judgment – Whether EU law directly effective – Whether MIB was an emanation of the state – Road Traffic Act 1988, section 145 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

PALLISER LTD v FATE LTD AND OTHERS

[2019] Lloyd's Rep. IR 341

Insurance (liability) – Landlord and tenant – Whether landlord's policy covered liability for negligent damage to demised premises caused by landlord – Whether landlord immune from suit – Measure of damages – Third Parties (Rights Against Insurers) Act 2010.

QBE INSURANCE (INTERNATIONAL) LTD v ALLIANZ AUSTRALIA INSURANCE LTD

[2019] Lloyd's Rep. IR 354

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

EQUITAS INSURANCE LTD v MUNICIPAL MUTUAL INSURANCE LTD

[2019] Lloyd's Rep. IR 359

Reinsurance – Excess of loss – Mesothelioma – Insurers liable for full amount of claims in each year of coverage – Whether insurers could “spike” outward claims into any year of reinsurance – Implied terms – Utmost good faith – Exercise of discretion.

MOTOR INSURERS’ BUREAU v LEWIS

[2019] Lloyd's Rep. IR 390

Insurance (motor) – Compulsory insurance – Whether insurance required for use of vehicle on private land – Whether policy to be construed as covering such liability – Whether Motor Insurers’ Bureau liable to satisfy judgment – Whether EU law directly effective – Whether MIB was an emanation of the state – Road Traffic Act 1988, section 145 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC.

R&S PILLING (T/A PHOENIX ENGINEERING) v UK INSURANCE LTD

[2019] Lloyd's Rep. IR 404

Insurance (motor) – Assured setting fire to buildings while carrying out repairs on car – Whether policy covered liability – Whether liability caused by or arising out of use of vehicle on road or public place – Road Traffic Act 1988, section 145(3).

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

[2019] Lloyd's Rep. IR 415

Insurance (marine) – Vessel damaged by fire – Measure of indemnity – Constructive total loss – What costs counting towards calculation of measure of indemnity – Meaning of “cost of repairing the damage” – Hold harmless doctrine – Effect of notice of abandonment – Whether salvage costs incurred prior to notice of abandonment could be included – Whether costs incurred under SCOPIC clause counting towards constructive total loss – Marine Insurance Act 1906, sections 60 and 62.

CATLIN SYNDICATE LTD v WEYERHAEUSER CO

[2019] Lloyd's Rep. IR 427

Insurance (liability) – Incorporation – Jurisdiction – Arbitration – Anti-suit injunctions.

LÍNEA DIRECTA ASEGURADORA SA v SEGURCAIXA, SOCIEDAD ANÓNIMA DE SEGUROS Y REASEGUROS

[2019] Lloyd's Rep. IR 431

Insurance (motor) – Vehicle parked on private land – Buildings damaged by fire – Whether insurers liable for claim by building owner – European Parliament and Council Directive 2009/103/EC.

R & B DIRECTIONAL DRILLING PTY LTD AND ANOTHER v CGU INSURANCE LTD (NO 2)

[2019] Lloyd's Rep. IR 438

Insurance (liability) – Defective installation of metal sleeve allowed concrete to penetrate conduits for cables – Whether physical damage to metal sleeve – Exclusion for property under assured's control – Exclusion for faulty workmanship – Exclusion for assumed liability.

RANDGOLD RESOURCES LTD AND ANOTHER v SANTAM LTD AND ANOTHER

[2019] Lloyd's Rep. IR 467

Reinsurance – Cut-through clause – Claims control clause – Dispute between assured and insurers – Whether assured entitled to seek a declaration of the liability of the reinsurers to the insurers – Conditions for declaratory relief – Effect of Contracts (Rights of Third Parties) Act 1999.

YOUNG v ROYAL AND SUN ALLIANCE PLC

[2019] Lloyd's Rep. IR 482

Insurance – Duty of fair presentation – Waiver of disclosure – Insurance Act 2015, section 3(5)(e).

COLLEY v SHUKER AND OTHERS

[2019] Lloyd's Rep. IR 503

Insurance (motor) – Avoidance of policy for breach of duty of fair presentation – Compatibility with EU law – Extension of time for service of claim form – Road Traffic Act 1988, section 151(2) – Consumer Insurance (Disclosure and Representations) Act 2012 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC – Civil Procedure Rules, Part 7.

KABOKO MINING LTD v VAN HEERDEN (NO 3)

[2019] Lloyd's Rep. IR 515

Insurance (Directors’ and Officers’ liability) – Exclusion for any claim related to company's insolvency – Causation – Scope of exclusion.

LACKEY v MALLORCA MEGA RESORTS SL AND ANOTHER

[2019] Lloyd's Rep. IR 525

Insurance (liability) – Claimant injured in hotel in Spain – Whether claimant could sue insurers in England – Whether hotel could be joined to English proceedings – Insurance jurisdiction rules – Whether victim contracted as consumer – Brussels Regulation Recast, Regulation (EU) 1215/2012, articles 13, 17 and 18.

MCKEEVER v NORTHERNREEF INSURANCE CO SA

[2019] Lloyd's Rep. IR 535

Insurance (marine) – Perils of the seas – Piracy – Suing and labouring – Breach of warranty – Unseaworthiness – Negligence – Marine Insurance Act 1906, sections 33, 39, 55 and schedule 1, rule 7.

XU AND ANOTHER v IAG NEW ZEALAND LTD

[2019] Lloyd's Rep. IR 552

Insurance (property) – Sale of damaged house and assignment of proceeds of insurance – Amount recoverable from insurers by purchaser – Whether right to rebuild assignable.

AIG AUSTRALIA LTD v KABOKO MINING LTD

[2019] Lloyd's Rep. IR 575

Insurance (Directors’ and Officers’ liability) – Exclusion for loss arising from a claim arising out of, based upon or attributable to the actual or alleged insolvency of the company – Claims against directors for breach of fiduciary and other duties leading to loss of commercial opportunity – Whether claims fell within the insolvency exclusion.

LLR: Insurance & Reinsurance