Insurance & Reinsurance

Insurance & Reinsurance

Insurance & Reinsurance - Related Cases

  • Ageas Insurance v Gunaratnam [2016] EWHC 845 (QB)
    Relief from sanctions – unless orders – litigants in person

  • Legg v Sterte & Aviva UK Limited [2016] EWCA Civ 97
    Court of Appeal decides that judge had been entitled to (i) exercise his discretion under the Senior Courts Act 1981 s.51(3) to make a non-party costs order against an insurer; and (ii) that the insurers were liable under the policy to indemnify the insured against its liability for costs to the claimants, and, as a result of the insured's liquidation, the claimants succeeded to the insured's rights under the Third Parties (Rights against Insurers) Act 1930.

  • Brit v Trenchless [2015] EWHC 2237 (Comm)
    Concerned a claim for a declaration that a contractors' general liability insurance policy has been validly avoided on the basis of non-disclosure and misrepresentation by the insured

  • Genesis v Allianz [2014] EWHC 3676 (QB)
    Insurance declinature when arson by an insured.

  • Ted Baker v AXA Insurance [2012] 6 Costs L.R. 1023; [2013] Lloyd's Rep. I.R. 174; [2014] EWHC 3548 (Comm); [2014] EWHC 4178
    Acted for AXA in a dispute as to whether a combined commercial policy covered multiple fidelity losses and business interruption consequent upon those losses. These losses had allegedly taken place over a period of several years. Preliminary issues were heard as to coverage, rectification, estoppel, and whether the scope of policy cover was innocently misrepresented by brokers to co-insurers. There was then a further ruling about the costs of the preliminary issues trial upon which Ted Baker were successful but the Court could not be told about protective costs offers. The issues in the final trial were whether Ted Baker were in breach of claims co-operation conditions and whether they could demonstrate a loss of profit per theft which exceeded the excess. Eder J. held in AXA’s favour on both grounds.

  • Hodges v Aegis Defence Services (BVI) Ltd [2014] EWCA Civ 1449
    construction of insuring provisions within contract of engagement following the death of the claimant's husband whilst providng security services in Iraq

  • Amlin Corporate Member Ltd & Ors v Oriental Assurance Company [2014] EWCA Civ 1135
    reinsurance - construction of "Typhoon Warranty" clause

  • Bache v Zurich Insurance plc [2014] EWHC 2430 (TCC); [2014] Lloyd's Rep IR 33
    construction of building guarantee policy

  • Gunaratnam v Ageas [2014] EWHC 593 (QB)
    claim for an indemnity under a home insurance policy in respect of damage caused by escape of water

  • Genesis Housing Association v Liberty Syndicate Management [2013] EWCA Civ 1173
    effect of "basis of contract" clause in proposal form: (i) proposal form has contractual effect, even if policy contains no reference to it; and (ii) all statements in proposal form constitute warranties on which the insurance contract is based

  • Amlin Corporate Member Ltd & Ors v Oriental Assurance Company [2013] EWHC 2380 (Comm)
    reinsurance - construction of warranty against leaving port or adopting intended route where a typhoon or storm warning was in force - whether warranty broken

  • Ace European Group Ltd v Chartis Insurance UK Ltd [2013] EWCA Civ 224
    dispute between Erection All Risks insurers and Marine insurers

  • Nulty & ors v Milton Keynes BC [2013] EWCA Civ 15; [2013] 1 WLR 1183; [2013] Lloyd's Rep IR 243; [2013] BLR 134
    fire claim: correct approach to balance of probabilities test, the role of circumstantial evidence, and how judges should approach the issue of competing possible causes

  • Genesis Housing Association v Liberty Syndicate Management [2012] EWHC 3105 (TCC)
    latent defects insurance, insolvency endorsement, "basis of contract" clause

  • Stannard (t/a Wyvern Tyres) v Gore [2012] EWCA Civ 1248
    fire claim: tyres kept by tyre fitter in premises on light industrial estate, in the absence of negligence no strict liability under the rule in Rylands v Fletcher for the escape of fire, application by the Court of Appeal of tests laid down in Transco v Stockport MBC, consideration of s 86 Fire Prevention (Metropolis) Act 1774 in the context of Rylands v Fletcher claims

  • Smith & ors v South Eastern Power Networks [2012] EWHC 2541 (TCC)
    test cases determining the liability of the electricity distribution industry for fires caused by overheating mains cut-out fuses

  • Cadbury v ADT [2012] BLR 441
    engineer's negligence, contract formation, sale of goods, and contributory negligence

  • Ram Recycling v DRC & ors [2012] EWHC 2464 (Comm)
    insurance brokers, coverage and security for costs

  • Templeton Insurance Ltd v Motorcare Warranties Ltd [2012] EWHC 2309 (QB)
    contempt of court for breach of freezing injunctions and sentencing 

  • Ram Recycling v DRC & ors [2012] EWHC 1736 (Comm)
    insurance brokers, coverage and summary judgment

  • AXN v (1) Worboys (2) Inceptum Insurance [2012] EWHC 1730 (QB)
    whether motor insurers liable to pay out the victims of the 'black cab rapist' under the Road Traffic Act 1988

  • Ted Baker v AXA Insurance [2012] EWHC 1406 (Comm)
    whether theft by employee covered by policy with discrete Fidelity insurance, relevance of intention to replicate previous cover, rectification, estoppel by convention, whether scope of cover misrepresented to co-insurers by brokers

  • Eurocrest Ventures Ltd v Zurich Insurance plc (Chancery Div, David Donaldson QC, 25 April 2012)
    effect of noting of a lessee's interest on a policy

  • Templeton Insurance Ltd v Motorcare Warranties Ltd [2012] All ER (D) 75 (Apr)
    contempt of court, freezing injunctions, civil fraud and breach of insurance binders

  • The Employers' Liability "Trigger" Litigation [2012] UKSC 14 (Supreme Court)
    construction of EL policies - response to mesothelioma liabilities - the rule in Fairchild and Barker
  • British Waterways v Royal & Sun Alliance Insurance plc [2012] EWHC 460 (Comm) & [2012] 1 Lloyd's IR Plus 35
    construction of public liability policy - claimant's liability for the death of contractors was within the cover of the policy and did not fall within an exclusion

  • Cadbury v ADT [2011] BLR 661
    engineer's negligence, contract formation, sale of goods, contributory negligence

  • Milton Keynes BC v Nulty, Wing Bat & NIG [2011] EWHC 2847 (TCC)
    fire claim - causation and policy coverage - insurer liable to indemnify despite 18 month delay in notification subject to 15% deduction for the loss of the chance to establish an alternative cause of the fire

  • Coles & Ors v Hetherton & Ors [2011] EWHC 2405 (Comm)
    the RSA test case litigation

  • Cadbury v ADT 145 Con. L.R. 14
    interim payments on account and "no loss" arguments.

  • Harooni v Rustins [2011] EWHC 1632 (TCC), Akenhead J
    property damage - fire at warehouse premises – Rylands v Fletcher – spread of fire allegedly due to dangerous paint products.

  • Berent v (1) Family Mosaic Housing Association (2) London Borough of Islington [2011] EWHC 1353 (TCC)
    subsidence caused by tree roots – whether Defendants liable prior to notice – whether damage reasonably foreseeable

  • Yeganeh v Zurich PLC [2011] EWCA Civ 398; [2010] EWHC 1185 (QB)
    Insurance, arson and fraudulently exaggerated claim. James Maxwell-Scott represented the respondent.

  • Liberty Syndicate Management v Campagna [2011] EWHC 209 (TCC); 27 Const LJ 275
    test case of duties owed by site audit surveyors to latent defects insurers

  • Teal Insurance Co Ltd v W R Berkeley Insurance (Europe) Ltd [2011] EWHC 91 Comm; [2011] Lloyd's Rep IR 285
    construction of reinsurance contract

  • The Employers' Liability "Trigger" Litigation [2010] EWCA Civ 1096; [2009] 2 All ER 26
    major multi-party asbestos/insurance litigation

  • Ghadami v Lyon Cole Insurance [2010] EWCA Civ 767
    application of the indemnity principle

  • The Buncefield litigation (Commercial Court, Court of Appeal & TCC, 2008-2010)
    Explosion at tank farm - property damage - joint ventures - contract - indemnities - economic losses - recovery of pure economic loss in tort - negligence - public nuisance - private nuisance - product liability - £1bn claim

  • International aribitration, seated in Cayman
    $130m project insurance dispute arising out of hurricane damage to a Caribbean resort

  • Glaister v Appleby in Westmoreland Town Council [2009] EWCA Civ 1325, [2010] PIQR P6
    First instance trial and Court of Appeal - existence of duty of care alleged to have been owed to seriously injured bystander by a runaway horse at the Appleby Horse Fair.

  • Amsprop Ltd v ITW Ltd [2009] EWHC 2689 (TCC)
    fire at Hard Rock Café

  • Flexsys America LP v XL Insurance Company Ltd [2009] EWHC 1115 (Comm); [2009] 1 CLC 754; [2010] Lloyd's Rep IR 132
    effect of drop down clause in global master policy, 'personal and advertising injury'

  • Coal Pension Properties v Nu Way Ltd (2009) 124 Con LR 76
    explosion caused by defective gas booster

  • Kidsons v Lloyds Underwriters [2008] Lloyds Rep IR 239 and [2009] Lloyds Rep IR 178
    professional indemnity insurance, notification clauses

  • KR & Others v Bryn Alyn (Community Holdings) Ltd [2008] EWHC 2909
    public liability insurance claim arising out of the North Wales Child Abuse Litigation. Issues include proof of existence of policy, costs following late disclosure of material documents, liability for deliberate acts.

  • Fosse Motor Engineers Ltd & Ors v (1) Conde Nast and National Magazine Distributors Ltd (2) Phoenix Industrial Recruitment Ltd [2008] EWHC 2037 (TCC)
    fire claim, burden of proof where there are a number of possible causes, vicarious liability for agency employees, whether employees acting the course of their employment

  • Parker v Mowlem Plc [2008] EWCA Civ 1022
    claimant's liability for costs of a defendant's insurer's application for a declaration of no liability to indemnify the defendant

  • Orange Personal Communications Services Ltd v Hoare Lea (A Firm) (2008) 117 Con LR 76, Akenhead J
    flood damage to Orange's Bristol data centre

  • Axa Insurance UK plc v Norwich Union Insurance Ltd [2007] EWHC 1046 (Comm); [2008] Lloyd's Rep IR 122
    dual insurance - whether EL or motor policy responded

  • Encia Remediation v Canopius Managing Agents [2008] Lloyds Rep IR 79, Cresswell J
    professional indemnity - interpretation - factual matrix

  • Tate Gallery v Duffy Construction Ltd (No 2) [2007] EWHC 912 (TCC)
    insurance, flooding, reasonable precautions condition

  • Tate Gallery v Duffy Construction Ltd [2007] EWHC 361 (TCC)
    co-insurance, construction of policy, flooding

  • Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 1134; [2007] 1 WLR 808; [2007] 1 All ER 354; [2006] Lloyd's Rep IR 759
    ATE policies

  • Shinedean Ltd v Alldown Ltd and AXA [2006] 1 WLR 2696
    construction of claims co-operation clause - whether prejudice was an essential or relevant element before insurers could refuse indemnity

  • Bridisco Ltd v Reliance Security Group [2005] EWHC 3264 (QBD)
    fire damage to a warehouse

  • Margate Theatre Trust v White (t/a A1 Moling Services) & AXA [2006] Lloyd's Rep IR 93
    scope of insurance and deemed knowledge of insurer on specialist business

  • Tioxide Europe v CGU International Insurance [2005] EWCA Civ 928, affirming [2005] Lloyds Rep IR 114 (Com Ct)
    product liability insurance

  • Re RSA Pursuit Test Cases [2005] EWHC (Costs)
    ATE policies

  • Axa General Insurance v Gottlieb [2005] Lloyd's Rep IR 369, CA
    insurance fraud - claim paid in part by insurers before discovery of fraud - insurers' entitlement to return of sums paid

  • Paine v Catlins [2004] EWHC 3054 (TCC); [2005] Lloyds Rep IR 665; 98 Con LR 107
    fire insurance

  • Midland Mainline v Commercial Union & Eagle Star [2004] Lloyd's Rep 739, CA
    insurance - shut down of rail network following Hatfield derailment - business interruption and proximate cause

  • Lloyd Wolper v Moore [2004] 1 WLR 2350 (CA)
    motor insurance - Road Traffic Act 1988

  • Goodway & Carabos Ltd v Zurich Insurance Co [2004] EWHC 137 (TCC), 96 Con LR 49
    whether an agreement settling a claim which had been embodied in a Tomlin Order had been procured by misrepresentation and other means such as duress and fraud - consideration of what works might be appropriate pursuant to the terms of the agreement underlying the Order

  • Healy v Corporation of Lloyd's [2004] EWCA Civ 262
    permanent health insurance policy - quantification of damages - litigant in person alleging unfair trial

  • Southampton FC v Avon [2004] EWHC 571 (QBD)
    insurance - whether injury to professional footballer was "sole and independent cause" of his inability to continue playing

  • Pilkington UK Ltd v CGU Insurance plc [2004] 1 BLR 97 (CA)
    construction of products liability policy in context of building defects

  • Drake Insurance plc v Provident Insurance plc [2004] QB 601
    Double insurance - avoidance - contribution between insurers

  • Sinclair Roche & Temperley (a firm) v Somatra [2003] EWCA Civ 1474, [2003] 2 Lloyds Rep 855, CA; [2002] EWHC 1627 (Comm)
    solicitor's negligence arising out of the conduct of a marine insurance dispute which had been settled shortly before trial

  • Midland Mainline v Commercial Union & Eagle Star [2004] Lloyd's Rep IR 22, Commercial Ct
    insurance - train operating companies' business interruption cover

  • Bankers Insurance Co Ltd v South and Gardner [2004] Lloyd's Rep IR 1
    whether a jet ski fell within the definition of a waterborne craft and the consequences of failure to notify insurers of the incident

  • Alexander Forbes Europe Ltd v SBJ Ltd [2003] Lloyd's Rep PN 137, [2003] Lloyd's Rep IR 432; [2003] PNLR 15, Comm Ct, Mr David Mackie QC
    insurance brokers – professional negligence - pension misselling – professional indemnity insurance – claims notification

  • Co-operative Retail Services v Taylor Young Partnership [2002] UKHL 17
    co-insurance, Civil Liability (Contribution) Act

  • Medivance Instruments Ltd v Gaslane Pipework Services Ltd [2002] EWCA Civ 500
    fire

  • Cornhill Insurance v Stamp Felt Roofing [2002] Lloyd's Rep IR 648, CA
    policy construction

  • Mc Alpine v BAI (Run-Off) Ltd [2000] 1 Lloyd's Rep 437
    consequences of breach by insured of notification requirement (construed as an innominate term)

  • England v Guardian Insurance [2000] Lloyds Rep IR 404
    policy claim following subsidence of property involving issues of subrogation and the extent of insurers' rights over recoveries

  • Kincardine Fisheries v Sunderland Marine Mutual Insurance (CA) The Times 12.2.97, [1998] CLY 3363
    construction of fish farm insurance policy - claim against brokers and insurers

  • Capital and Counties Plc v Hampshire County Council [1996] 4 All ER 33 (HHJ Havery QC); [1997] 2 All ER 865 (CA)
    property damage – fire at commercial premises – tort - duty of care owed by fire brigade – fire brigade switch off sprinkler system

  • Suttle v Simmons [1989] 2 Lloyd's Rep 227 (PC)
    extent of insurer's liability under compulsory motor insurance legislation

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