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ADVANTAGE INSURANCE CO LTD v STOODLEY AND ANOTHER

[2019] Lloyd's Rep. IR Plus 1

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.

WHEELDON BROTHERS WASTE LTD v MILLENNIUM INSURANCE CO LTD

[2019] Lloyd's Rep. IR Plus 2

Insurance – Permission to appeal from decision of Technology and Construction Court – Whether findings of fact open to challenge.

AVONDALE EXHIBITIONS LTD v ARTHUR J GALLAGHER INSURANCE BROKERS LTD

[2019] Lloyd's Rep. IR Plus 3

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.

MOBIS PARTS AUSTRALIA PTY LTD v XL INSURANCE CO SE

[2019] Lloyd's Rep. IR Plus 4

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.

MANITOWOQ PLATINUM PTY LTD AND ANOTHER v WFI INSURANCE LTD

[2019] Lloyd's Rep. IR Plus 5

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.

PREZZO LTD v HIGH POINT ESTATES LTD

[2019] Lloyd's Rep. IR Plus 6

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

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

[2019] Lloyd's Rep. IR Plus 7

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

ASPEN UNDERWRITING LTD v CREDIT EUROPE BANK NV

[2019] Lloyd's Rep. IR Plus 8

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.

BANK OF QUEENSLAND LTD v AIG AUSTRALIA LTD AND OTHERS

[2019] Lloyd's Rep. IR Plus 9

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

BTA BALTIC INSURANCE CO AS v BALTIJAS APDROŠINAŠANAS NAMS AS

[2019] Lloyd's Rep. IR Plus 10

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

RSA INSURANCE PLC v ASSICURAZIONI GENERALI

[2019] Lloyd's Rep. IR Plus 11

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

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

[2019] Lloyd's Rep. IR Plus 12

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.

WALLETT v VICKERS

[2019] Lloyd's Rep. IR Plus 13

Insurance (motor vehicle) - 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 Plus 14

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.

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

[2019] Lloyd's Rep. IR Plus 15

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

DALAMD LTD v BUTTERWORTH SPENGLER COMMERCIAL LTD

[2019] Lloyd's Rep. IR Plus 16

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 Plus 17

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.

QBE INSURANCE (INTERNATIONAL) LTD v ALLIANZ AUSTRALIA INSURANCE LTD

[2019] Lloyd's Rep. IR Plus 18

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

PALLISER LTD v FATE LTD AND OTHERS

[2019] Lloyd's Rep. IR Plus 19

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.

AUSTRALASIAN CORRECTIONAL SERVICES PTY LTD v AIG AUSTRALIA LTD

[2019] Lloyd's Rep. IR Plus 20

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

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

[2019] Lloyd's Rep. IR Plus 21

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).

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

[2019] Lloyd's Rep. IR Plus 22

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.

CATLIN SYNDICATE LTD v WEYERHAEUSER CO

[2019] Lloyd's Rep. IR Plus 23

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

EQUITAS INSURANCE LTD v MUNICIPAL MUTUAL INSURANCE LTD

[2019] Lloyd's Rep. IR Plus 24

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 Plus 25

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.

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

[2019] Lloyd's Rep. IR Plus 26

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.

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

[2019] Lloyd's Rep. IR Plus 27

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.

YOUNG v ROYAL AND SUN ALLIANCE PLC

[2019] Lloyd's Rep. IR Plus 28

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

KABOKO MINING LTD v VAN HEERDEN (NO 3)

[2019] Lloyd's Rep. IR Plus 29

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

RANDGOLD RESOURCES LTD AND ANOTHER v SANTAM LTD AND ANOTHER

[2019] Lloyd's Rep. IR Plus 30

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.

COLLEY v SHUKER AND OTHERS

[2019] Lloyd's Rep. IR Plus 31

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.

XU AND ANOTHER v IAG NEW ZEALAND LTD

[2019] Lloyd's Rep. IR Plus 32

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

EURO POOLS PLC v ROYAL & SUN ALLIANCE INSURANCE PLC

[2019] Lloyd's Rep. IR Plus 33

Insurance (liability) – Professional indemnity – Claims made policy – Notification of circumstances.

MCKEEVER v NORTHERNREEF INSURANCE CO SA

[2019] Lloyd's Rep. IR Plus 34

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.

SARTEX QUILTS & TEXTILES LTD v ENDURANCE CORPORATE CAPITAL LTD

[2019] Lloyd's Rep. IR Plus 35

Insurance (property) – Policy written on reinstatement basis – No reinstatement took place – Measure of indemnity – Whether policy contained a co-insurance clause.

LACKEY v MALLORCA MEGA RESORTS SL AND ANOTHER

[2019] Lloyd's Rep. IR Plus 36

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.

ALLIANZ INSURANCE AUSTRALIA LTD v CERTAIN UNDERWRITERS AT LLOYD’S OF LONDON SUBSCRIBING TO POLICY NUMBER B105809GCOM0430

[2019] Lloyd's Rep. IR Plus 37

Insurance (liability) – Double insurance – Contribution – One policy containing an exclusion clause and one policy containing an excess clause – Effect of conflicting clauses on contribution.

AIG AUSTRALIA LTD v KABOKO MINING LTD

[2019] Lloyd's Rep. IR Plus 38

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.

MOORE v IAG NEW ZEALAND LTD

[2019] Lloyd's Rep. IR Plus 39

Insurance (property) – Aggregation – Whether consecutive earthquakes were a series of events or losses – Whether earthquakes had a common cause.

IN THE MATTER OF PRUDENTIAL ASSURANCE CO LTD IN THE MATTER OF ROTHESAY LIFE PLC

[2019] Lloyd's Rep. IR Plus 40

Insurance (transfer of business) – Sanction of court for transfer of annuity business – Financial Services and Markets Act 2000, Part VII.

AIG INSURANCE HONG KONG LTD v MCCULLOUGH AND ANOTHER

[2019] Lloyd's Rep. IR Plus 41

Insurance (Directors and Officers liability) – Insurance policy containing arbitration clause – Third-party claim against insurers for bad faith failure to settle – Requirement for third party to establish liability of insurers to assured – Whether third party bound by arbitration clause.

LLR: Insurance & Reinsurance Plus