Tag: Insurance

Cox v Bankside Members Agency Ltd and Others: CA 16 May 1995

Successful Lloyds names were entitled to enforce their claims in the normal time sequence. The transfer of the rights of the insured against the insurer under section 1(1) the 1930 Act takes place on the event of insolvency, even if the insured’s liability to the third party has not yet been established. In handling claims, instructing solicitors and so forth, the insurers act as agents for the company and are entitled to reimbursement for their expenses.
Lord Justice Saville said: ‘Under the Act the rights of the insured against the insurer are transferred to the third party on (in the case of an insured company) the making of a winding up order etc.: see s.1(b) of the Act. It follows from this that a statutory transfer can take place before the obligation of the insurer to pay arises i.e. before the liability of the insured has been established. In such an event, since it is clear from the authorities that the third party is to be put in no better position than the insured, the third party does not obtain the right to immediate payment until the liability of the insured is established. .
That right [the right of the third party to immediate payment by the insurers] only arises when, in each case, the claim is established, just as that right, while owned by the insured, would also arise only when the particular claim in question was established. It is only when that right arises that the insurers come under the correlative obligation to make payment. To my mind it follows that as each claim is established (whether before or after the statutory assignment), the right to payment arises and thus the amount of available insurance is in effect diminished, so that when it is exhausted later established claims have no right to an indemnity. . .’

Judges:

Lord Justice Saville

Citations:

Independent 09-Jun-1995, Times 16-May-1995, [1995] 2 Lloyd’s Rep 437

Statutes:

Third Parties (Rights Against Insurers) Act 1930 1(1)(b)

Jurisdiction:

England and Wales

Citing:

Appeal from – Cox v Bankside Members Agency Ltd and Others QBD 27-Jan-1995
Some agents had policies against which there were likely to be various calls, either because several claims were being pursued against the same agents by different Lloyd’s Names, or because the policies were group policies covering several agents . .

Cited by:

Cited – AXA Reinsurance (UK) Plc v Field HL 12-Sep-1996
The terms originating ’cause’ and ‘event’ are to be differently construed, one means a continuing situation and the other refers to a discrete event.
Under the ‘LMX Spiral’ Lloyds’ syndicates wrote substantial excess of loss business.The cross . .
Cited – Lloyds TSB General Insurance Holdings and others v Lloyds Bank Group Insurance Company Ltd HL 31-Jul-2003
The applicant had paid out many claims for mis-selling pensions. They sought to claim under their insurance. The claims met the requirements of the principle insurance, but the insurance companies sought to impose a limit by aggregation.
Held: . .
Dicta adopted – First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration) CA 25-May-2004
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s . .
Cited – Freakley and Curzon Insurance Ltd v Centre Reinsurance International Company and Another; similar CA 11-Feb-2005
Claims were made for personal injury caused by asbestos. The re-insurers sought declaratory relief against the head insurers, and the administrators of the insolvent company. The administrators sought declarations in turn. Curzon insured the company . .
Cited – Freakley and others v Centre Reinsurance International Company and others HL 11-Oct-2006
When it became clear that the company would be financially overwhelmed by asbestos related claims, a voluntary scheme of arrangement was proposed under s425. The House was now asked whether the right to re-imbursement of the company’s lawyers after . .
Cited – Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd SC 31-Jul-2013
An international engineering company had several layers of professional indemnity insurance. The top later did not cover claims originating in the US or Canada. The several insurers now disputed apportionment of liability between them. The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Insurance, Legal Professions

Updated: 21 January 2023; Ref: scu.79585

Brown v KMR Services Ltd: CA 26 Jul 1995

Allied Maples had made a corporate takeover of assets and businesses within the Gillow group of companies, during which it was negligently advised by the defendant solicitors in relation to seeking protection against contingent liabilities of subsidiaries within the vendor’s group. Allied Maples would have been better off, competently advised, if, but only if: (a) it had raised the matter with Gillow and sought improved warranties and (b) Gillow had responded by providing them.
Held: Allied Maples had to prove point (a) on a balance of probabilities, but point (b) should be assessed upon the basis of loss of the chance that Gillow would have responded favourably.
The scale of losses alone did not make damages claim too remote if it was nevertheless foreseeable. Liability for damages for negligent advice depends upon type not scale of loss.
Claims against underwriters are separate for each year, set-off not allowed.

Judges:

Stuart-Smith, Hobhouse and Millett LJJ

Citations:

Times 26-Jul-1995, Gazette 15-Sep-1995, Independent 13-Sep-1995, [1995] 2 Lloyd’s Rep 513, [1995] 4 All ER 598

Jurisdiction:

England and Wales

Citing:

Appeal from – Brown v KMR Services Ltd; Sword-Daniels v Pitel and Others QBD 19-Apr-1994
A Lloyds agent who was asked to find a low risk syndicate has a duty to do so. . .

Cited by:

Cited – Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia ComC 1-Dec-2006
The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed.
Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was . .
Cited – Perry v Raleys Solicitors SC 13-Feb-2019
Veracity of a witness is for the court hearing him
The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Damages

Updated: 21 January 2023; Ref: scu.78703

PCW Syndicate v PCW Reinsurers: CA 8 Sep 1995

A policy was not avoided by the agent’s failure to disclose his own dishonesty with the principal. In this area there was no difference between the law of Marine Insurance and other insurances.

Citations:

Independent 08-Sep-1995, Times 10-Oct-1995, [1996] 1 WLR 1136

Jurisdiction:

England and Wales

Cited by:

Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 20 December 2022; Ref: scu.84618

AC Ward and Son Ltd v Catlin (Five) Ltd and Others: ComC 3 Dec 2009

Citations:

[2009] EWHC 3122 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AC Ward and Son v Catlin (Five) Ltd and Others CA 10-Sep-2009
The defendant insurers appealed against refusal of summary judgment in its favour in defending a claim under a policy. The claimants premises had been burgled. The insurer said that the claimant had failed to respect warranties given by it as to . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 06 December 2022; Ref: scu.381742

In Re Continental Assurance Company of London Plc (In Liquidation) (2): ChD 14 Jan 1999

The rules are intended to provide a comprehensive and unitary scheme of management of company liquidations, and in voluntary liquidation, the date of the resolution commencing the dissolution is to be used as the date of the winding up order.

Citations:

Gazette 10-Feb-1999, Times 14-Jan-1999

Statutes:

Insurance Companies (Winding Up) Rules 1985 95 L2

Jurisdiction:

England and Wales

Insurance, Insolvency, Company

Updated: 30 November 2022; Ref: scu.81817

Seddon v Binions: CA 1978

The Court gave guidance on the proper method of interpreting a term of a motor insurance policy which defines the limitations of use subject to which the policy provides cover. Roskill LJ: ‘Inevitably, where one has a phrase such as ‘social, domestic or pleasure purposes’ used in a policy of insurance . . there will be cases which will fall on one side of the line and cases which will fall on the other side. For my part, however much claims managers might wish it otherwise, I do not believe it is possible to state any firm principle under which it can always be predicted which side of the line a particular case will fall. It must depend on the facts of the particular case; and the facts of particular cases will vary infinitely in their detail.’ and ‘It seems to me that the solution to the problem can best be reached in this case by asking the question: what was the essential character of the journey in the course of which the particular accident occurred?’ and ‘It may well be that there will be cases, as there have been in the past, where the essential character . . of a particular journey was of a particular kind – and that that essential character will not be altered in the crucial respects merely because, incidental to that journey, something happens in the way of giving a lift to a friend as an act of courtesy or, to borrow Mr Justice du Parcq’s expression [in Passmore v Vulcan Boiler and General Insurance Co Ltd (1936) 54 Ll L R 92], charity.’ Megaw LJ: ‘[I]n general, I should have thought that there is something that can clearly be called, as I would put it, a primary purpose, by which I intend the same meaning, I think, as Roskill LJ intended in using the phrase ‘essential character of the journey’. If there be such a primary purpose, or essential character, then the Courts should not be meticulous to seek to find some possible secondary purpose, or some inessential character, the result of which could be suggested to be that the use of the car fell outside the proper use for the purposes of which cover was given by the insurance policy.’

Judges:

Roskill LJ, Megaw LJ

Citations:

[1978] 1 Lloyd’s Rep 381, [1978] RTR 163

Jurisdiction:

England and Wales

Cited by:

Cited – Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd’s CA 10-Nov-2004
The driver had driven his car at a crowd of people intending to frighten them. Instead one had been killed. The insurers resisted liability saying that the use of the car for this purpose and as it was being used as a taxi, was not use for social . .
Applied – Caple v Sewell and others CA 9-Nov-2001
. .
Cited – AXA Insurance UK Ltd v EUI Ltd (T/A Elephant Insurance) QBD 14-May-2020
The claimant insurer had insured a garage in respect of a car it used for loan to customers when their own car was being repaired. There was a collision on the customer driving home from work. The defendant insurer was the driver’s own insurer. The . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Insurance

Updated: 26 November 2022; Ref: scu.220134

Arab Bank Plc v John D Wood Commercial Ltd (In Liquidation) and others: CA 25 Nov 1999

Having once recovered damages against a valuer for a negligent survey, there was nothing to stop a lender recovering also under a policy of insurance under a mortgage indemnity guarantee, and so the lender was not required to give credit for monies already received. Such policies were taken out for the benefit of the lender not the borrower, and the insurance company being subrogated to the lender, no double recovery was involved.

Judges:

Mance LJ

Citations:

Times 25-Nov-1999, Gazette 08-Dec-1999, [2000] 1 WLR 857

Jurisdiction:

England and Wales

Cited by:

Cited – Goldstein v Levy Gee ( A Firm) ChD 1-Jul-2003
There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for . .
Cited – Roger Michael and others v Douglas Henry Miller and Another ChD 22-Mar-2004
Property had been sold by the respondents as mortgagees in possession. The claimants said the judge had failed to award the value of the property as found to be valued, and had not given a proper value to a crop of lavender.
Held: In . .
Cited – Lowick Rose Llp v Swynson Ltd and Another SC 11-Apr-2017
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was . .
Cited – SS (Sri Lanka), Regina (on The Application of) v The Secretary of State for The Home Department CA 15-Jun-2018
The court was asked whether, in cases heard by the First-tier Tribunal (Immigration and Asylum Chamber) where the credibility of the appellant is in issue, there is a rule that a delay of more than three months between the hearing of oral evidence . .
Lists of cited by and citing cases may be incomplete.

Damages, Insurance, Banking, Equity

Updated: 24 November 2022; Ref: scu.77841

Single Buoy Moorings Inc v Aspen Insurance UK Ltd: ComC 13 Jul 2018

Teare J considered the without prejudice rule: ‘In my judgment an exception can only be allowed where it is of the same character as one already established or where it is an incremental but principled extension of an existing exception, as was the exception in Oceanbulk v TMT.’

Judges:

Teare J

Citations:

[2018] EWHC 1763 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Briggs and Others v Clay and Others ChD 25-Feb-2019
Defendants’ application to exclude evidence said to be ‘without prejudice’ The case concerned a pension scheme for employees within a group of companies. In a prior action by way of a Part 8 claim brought by the trustees of the scheme, the court had . .
Lists of cited by and citing cases may be incomplete.

Insurance, Litigation Practice

Updated: 24 November 2022; Ref: scu.619842

Layher Ltd v Lowe and Others: CA 8 Jan 1997

The insurers became insolvent, and re-insurers sought to escape liability saying that no sums had been paid out to trigger the re-insurer’s liability.
Held: Re-Insurers were liable under a policy requiring them to pay out on sums paid out by the insurer even though no notice of claim had immediately been given. The phrase ‘likely to give rise to a claim’ to describe an event that will engage the duty to notify the insurer describes an event with at least a fifty per cent chance that a claim against the plaintiff would eventuate.

Citations:

Times 08-Jan-1997, [1996] EWCA Civ 1231, [2000] Lloyd’s IR 510

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – MacCaferri Ltd v Zurich Insurance Plc ComC 19-Jun-2015
maccafferiCoC201506
The claimant manufacturer challenged a refusal of indemnity from his insurers, the defendants under its product liability policy. An end user consumer had been injured. The insurer said that the claimant had delayed on notifying the possible claim. . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 04 November 2022; Ref: scu.82973

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages.
Held: The contention was rejected. Insurance for local authorities and police authorities against vicarious liability including for criminal liability and for exemplary damages is not unlawful. The words of the clause ‘all sums which the insured shall become legally liable to pay as compensation’ was not clear as to its extent, and was not to be limited to any claim for compensation as such. Exemplary damages went beyond pure compensation but were included. Nor was there any public policy against insuring for liability for criminal conduct.
Simon Brown LJ discussed the use of public policy as an aid to construction: ‘The only way in which public policy can properly be invoked in the construction of a contract is under the rule ut res magis valeat quam pereat: if the words are susceptible of two meanings, one of which would validate the particular clause or contract and the other render it void or ineffective, then the former interpretation should be applied even though it might otherwise, looking merely at the words and their context, be less appropriate.’ and
‘Although I accept Mr. Glasgow’s submission that the natural and ordinary meaning of ‘compensation’ in the context of a legal liability to pay damages is one which excludes any element of exemplary damages, I cannot accept that this meaning is wholly clear and unambiguous. On the contrary it involves very much a literal, lawyer’s understanding of the term and is one which would not command universal acceptance. Many, including no doubt most recipients, would regard compensation to mean instead all damages (of whatever character and however calculated) payable to the victim of a tort.’

Judges:

Lord Justice Staughton, Lord Justice Simon Brown and Lord Justice Thorpe

Citations:

Gazette 05-Jun-1996, Times 08-Apr-1996, [1997] QB 897, [1996] EWCA Civ 1345, [1996] 3 All ER 545, [1996] 3 WLR 493, [1996] CLC 1459

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – AB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
Cited – Riches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.

Cited by:

Cited – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – Mulcaire v News Group Newspapers Ltd ChD 21-Dec-2011
The claimant, a private investigator had contracted with the News of the World owned by the defendant but since closed. He had committed criminal offences in providing information for the paper, had been convicted and had served his sentence. He . .
Cited – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Torts – Other, Local Government, Police

Updated: 31 October 2022; Ref: scu.82914

Marchant and Eliot Underwriting Ltd v Higgins: CA 12 Jan 1996

‘Pay now sue later’ clauses in agency contracts is not breach of EU treaty.

Citations:

Times 12-Jan-1996, Lloyd’s List January 10 1996, [1996] 2 Lloyd’s Rep 31, [1996] CLC 327, [1996] 3 CMLR 349, [1997] ECC 47, [1996] 5 Re LR 63

Jurisdiction:

England and Wales

Citing:

Appeal from – Marchant and Eliot Underwriting Ltd v Dr Higgins ComC 24-Oct-1995
cw European Union – competition – Lloyd’s – article 85(1) – RSC Order 14 – cash call on underwriters – unlawful attempt to enforce anti-competitive object of Central Fund – Agency Agreement Bye-law – standard . .

Cited by:

Appealed to – Marchant and Eliot Underwriting Ltd v Dr Higgins ComC 24-Oct-1995
cw European Union – competition – Lloyd’s – article 85(1) – RSC Order 14 – cash call on underwriters – unlawful attempt to enforce anti-competitive object of Central Fund – Agency Agreement Bye-law – standard . .
Lists of cited by and citing cases may be incomplete.

Insurance, European

Updated: 27 October 2022; Ref: scu.83402

Dhak v Insurance Company of North America (Uk) Ltd: CA 8 Feb 1996

A death which occurred after inhaling vomit whilst drunk is not a ‘bodily injury; and there was no liability under the relative insurance policy.

Citations:

Independent 20-Feb-1996, Times 08-Feb-1996, [1996] 1 WLR 936

Jurisdiction:

England and Wales

Cited by:

Cited – Hawley v Luminar Leisure Ltd and others CA 24-Jan-2006
The claimant was assaulted and severely injured at a night club by a doorman supplied to the club by a third party company now in liquidation. He claimed the club was the ‘temporary deemed employer’ of the doorman. He also sought to claim under the . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 27 October 2022; Ref: scu.79954

AXA Reinsurance UK Plc v Field: CA 10 Oct 1995

Liability limitation for insurers also binds re-insurers of same contract.

Citations:

Times 10-Oct-1995, [1996] 1 Lloyd’s Rep 26

Jurisdiction:

England and Wales

Citing:

Reversed on appeal to – AXA Reinsurance (UK) Plc v Field HL 12-Sep-1996
The terms originating ’cause’ and ‘event’ are to be differently construed, one means a continuing situation and the other refers to a discrete event.
Under the ‘LMX Spiral’ Lloyds’ syndicates wrote substantial excess of loss business.The cross . .
Confirmed on appeal from – AXA Reinsurance Plc v Field ComC 27-Jul-1995
cw Insurance – agreement to limit liability – claims arising from one cause – personal indemnity insurance . .

Cited by:

Confirmed on appeal to – AXA Reinsurance Plc v Field ComC 27-Jul-1995
cw Insurance – agreement to limit liability – claims arising from one cause – personal indemnity insurance . .
Reversed on appeal from – AXA Reinsurance (UK) Plc v Field HL 12-Sep-1996
The terms originating ’cause’ and ‘event’ are to be differently construed, one means a continuing situation and the other refers to a discrete event.
Under the ‘LMX Spiral’ Lloyds’ syndicates wrote substantial excess of loss business.The cross . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 27 October 2022; Ref: scu.78034

Malhi v Abbey Life Assurance Co Ltd: CA 2 Jun 1994

An insurance company was to be held to have waived forfeiture for non-disclosure by the insured only after a clear communication to that effect was established. Sufficient knowledge was not to be imputed until the relevant information could be said to have been received by a person authorised and able to appreciate the significance of the information.

Citations:

Ind Summary 04-Jul-1994, Times 02-Jun-1994

Jurisdiction:

England and Wales

Insurance

Updated: 26 October 2022; Ref: scu.83347

Harbour Assurance Co (UK) Ltd v Kansa General International Insurance Co Ltd: CA 7 Apr 1993

An action was brought by re-insurers for a declaration that reinsurance policies were void for illegality, and that the plaintiffs were not liable under them. The illegality alleged was that the defendants were not registered or approved to carry on insurance or reinsurance business under the Insurance Companies Acts. The illegality was denied, and the defendant sought a stay and reference to arbitration.
Held: A stay was granted. An arbitration clause in an insurance contract was separate from the main contract with the effect that (a) invalidity of the main contract did not deprive the arbitrator of jurisdiction, and (b) the arbitrator had jurisdiction to decide the question of illegality of the main contract.
Ralph Gibson LJ: ‘Mr Longmore pointed out that a party to a contract the making of which he says was induced by fraud, would be surprised to be told that he is bound to have the issue tried by an arbitrator appointed under a clause in that contract. He also pointed out that when such a party alleges that the contract is void for illegality, he might well be astonished to be told that the issue of that illegality is to be determined by an arbitrator appointed under it.
There is, I think, force in these comments, but I add that in my view they are no more than forceful comments. Mr Justice Steyn said that the question of fraud or initial illegality was capable of being referred to arbitration. He did not qualify the clearly stated principle that if the validity of the arbitration clause itself is attacked the issue cannot be decided by the arbitrator. His reference to direct impeachment was, as I understand his judgment, to distinguish an attack upon the clause otherwise than by the logical proposition that the clause falls within the containing contract. When it is said that the contract was induced by fraud it may well be clear that, if it was, the making of the independent arbitration clause was also induced by fraud.’
Hoffmann LJ: ‘Mr Longmore therefore accepts, as he must, that for some purposes the arbitration clause is treated as severable and may survive the termination or even the avoidance with retrospective effect of all the other obligations under the contract .. He submits however that the severability doctrine cannot apply to any rule which prevents the contract from coming into existence or makes it void ab initio. In particular, it does not apply to a statute or other rule of law which makes the contract void for illegality.
It seems to me impossible to accept so sweeping a proposition. There will obviously be cases in which a claim that no contract came into existence necessarily entails a denial that there was any agreement to arbitrate. Cases of non est factum or denial that there was a concluded agreement, or mistake as to the identity of the other contracting party suggest themselves as examples. But there is no reason why every case of initial invalidity should have this consequence.’

Judges:

Ralph Gibson LJ, Hoffmann LJ

Citations:

Gazette 07-Apr-1993, [1993] 1 QB 701, [1993] 1 Lloyd’s Law Reports 455

Statutes:

Arbitration Act 1979 1

Jurisdiction:

England and Wales

Citing:

Appeal from – Harbour Assurance Co (Uk) Ltd v Kansa General International Insurance Co Ltd 1993
The Court said that older (pre Heyman v Darwins Ltd) authorities about the width of arbitration clauses had to be approached with some care and that the words ‘arising from the contract’ have almost invariably been treated as ‘words of very wide . .

Cited by:

Cited – Soleimany v Soleimany CA 4-Mar-1998
The parties were Iranian Jews, father and son. The son arranged to export carpets from Iran in contravention of Iranian law. The father and son fell into dispute about their contracts and arranged for the issues to be resolved by the Beth Din . .
Cited – Lesotho Highlands Development Authority v Impregilo Spa and others HL 30-Jun-2005
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies.
Held: The question remained whether . .
Cited – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
Cited – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
Cited – Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov HL 17-Oct-2007
The owners of a ship sought to rescind charters saying that they had been procured by bribery.
Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Insurance

Updated: 26 October 2022; Ref: scu.81228

Eagle Star Insurance Company Limited and Others v National Westminster Finance Australia Limited and Others: PC 24 Jan 1985

(Western Australia) The insurance companies disputed liability to indemnify the owner after the loss of an insured stallion.

Citations:

[1985] UKPC 2, Privy Council Appeal 16 of 1984

Links:

Bailii

Commonwealth, Insurance

Updated: 19 September 2022; Ref: scu.443651

Baker v Black Sea and Baltic General Insurance Co Ltd: HL 20 May 1998

The question agreed to be before the court was ‘Where an insurer incurs costs in investigating settling or defending claims by his insured, can the insurer recover a proportion of these costs under a quota share or other form of proportional re-insurance?’ the syndicate argued that it was in the nature of a proportional re-insurance contract that the re-insurer takes a part in the entire risk, and that should include the investigation costs.
Held: A Court may not a import clause into a re-insurance clause to give business efficiency as regards the costs incurred by the insurer, of investigating the underlying claim. Though clauses may be added where they reflect undisputed standard commercial practice, the evidence here did not establish such a concensus.

Judges:

Lord Browne-Wilkinson, Lord Woolf, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hutton

Citations:

Gazette 10-Jun-1998, Times 21-May-1998, [1998] UKHL 18, [1998] 2 All ER 833, [1996] LRLR 353

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Liverpool City Council v Irwin HL 31-Mar-1976
The House found it to be an implied term of a tenancy agreement that the lessor was to be responsible for repairing and lighting the common parts of the building of which the premises formed part. In analysing the different types of contract case in . .
Cited – Scottish Metropolitan Assurance Co Ltd v Groom CA 1924
Reinsurance – claim by owner on original policy – failure by reason of scuttling – judgments against owner for costs – impossibility of recovery – claim on reinsurance policy – sue and labour clause
A ship was reinsured under a marine policy . .
Cited – Insurance Co of Africa v SCOR (UK) Reinsurance Co Ltd CA 1985
An underlying insurance policy covered a warehouse in Liberia against fire, including $500,000 for buildings and $3 million for contents. The warehouse became a total loss. The owners of the warehouse brought proceedings in the Liberian courts. The . .
At first instance – Colin Baker v Black Sea and Baltic General Insurance Co Ltd 1995
Insurance and the reinsurance policies were back to back.
Held: Potter J. said ‘the reinsurer is not liable if the claim settled does not fall within the risks covered by the policy of reinsurance as a matter of law’.
Potter J. accepted . .
At CA – Colin Baker v Black Sea and Baltic General Insurance Co Ltd CA 1996
Otton LJ explained the standard commercial rate of interest: ‘The practice whereby interest is normally awarded at 1 per cent over base rate amounts to a presumption which can be displaced if its application would be substantially unfair to either . .

Cited by:

Cited – Tryg Baltic International (UK) Ltd v Boston Compania De Seguros Sa and others ComC 28-May-2004
Four defendants from Argentina sought to have set aside an order for them to be served, saying the appropriate jursidiction, if there was a triable issue, would be Argentina.
Held: The agreements were to be construed according to English Law. . .
Lists of cited by and citing cases may be incomplete.

Insurance, Contract

Updated: 15 September 2022; Ref: scu.78096

Zurich Professional Ltd v Brown and Another: ChD 16 Dec 2010

The court was asked whether a particular professional indemnity policy covered any and if so which actionable defaults committed by a solicitor in the course of administering deceased estates.

Citations:

[2010] EWHC 3300 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Insurance

Updated: 31 August 2022; Ref: scu.427293

Crowson v HSBC Insurance Brokers Ltd: ChD 23 Nov 2010

The court was asked whether a person who is not in a contractual relationship with an insurance broker nonetheless has rights of action in tort and/or contract where the insurance to be arranged is also for his benefit.

Judges:

Bragge M

Citations:

[2010] EWHC B26 (Ch), [2010] Lloyd’s Rep IR 441

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Agency, Contract

Updated: 27 August 2022; Ref: scu.426469

Post Office v Norwich Union Fire Insurance Society Ltd: CA 1967

A contract of insurance provided an indemnity for ‘all sums which the insured shall become legally liable to pay as compensation in respect of loss of property’. The claim was by the Post Office against a contractor, Potters, for damaging one of their cables which in consequence the Post Office had to repair. Before the Post Office had sued Potters, Potters went into liquidation. The Post Office sued the insurance company direct purporting to make use of the 1930 Act, but before the Post Office’s claim against Potters had been the subject of adjudication or agreement.
Held: A third party claimant could not sue the insurer directly, pursuant to the 1930 Act, until the existence and amount of the liability of the insured had been established by judgment or award or agreement. The reason for this was that the rights transferred by the Act were subject to the terms of the policy. Since the insured could not have claimed an indemnity until their liability had been established, the Post Office could be in no better position. The insurers’ argument that the Post Office had no cause of action against the insurers until the establishment of the existence and amount of the liability of the insured was therefore accepted. Though leave was necessary to begin or continue proceedings against a company in liquidation, the court considered that leave ought to be given automatically if the 1930 Act were applicable.
Lord Denning MR said: ‘It seems to me that the insured only acquires a right to sue for the money when the liability to the injured person has been established so as to give rise to a right of indemnity. His liability to the injured person must be ascertained and determined to exist, either by judgment of the court or by award in arbitration or by agreement. Until that is done the right to an indemnity does not arise.’
The liability must be ‘ascertained and determined to exist’, and that this may be achieved by judgment, arbitration award or agreement: ‘In these circumstances I think the right to sue for these moneys does not arise until the liability of the wrongdoer is established and the amount ascertained. How is this to be done? If there is an unascertained claim for damages in tort, it cannot be proved in the bankruptcy; nor in the liquidation of the company. But nevertheless the injured person can bring an action against the wrongdoer. ‘
Salmon LJ said that when the liability is established, it dates from the date when the cause of action arose: ‘The case really resolves itself into this simple question: Could Potters on June 17, 1965, have successfully sued their insurers for the sum of andpound;839 10s 3d which they were denying they were under any obligation to pay the Post Office? Stated in that way, I should have thought the question admits of only one answer. Obviously Potters could not have claimed that money from their insurers. It is quite true that if Potters in the end are shown to have been legally liable for the damage resulting from the accident to the cable, their liability in law dates from the moment when the accident occurred and the damage was suffered. But whether or not there is any legal liability and, if so, the amount due from the Potters to the Post Office can, in my view, only be finally ascertained either by agreement between Potters and the Post Office or by an action or arbitration between Potters and the Post Office. ‘

Judges:

Lord Denning MR, Salmon LJ

Citations:

[1967] 2 QB 363, [1967] 1 Lloyds Rep 216

Statutes:

Third Parties (Rights Against Insurers) Act 1930

Jurisdiction:

England and Wales

Citing:

Approved – West Wake Price and Co v Ching 1957
A clerk employed by a firm of accountants defrauded two of the firm’s clients of andpound;20,000 over a period of about three years.
Held: One can not ‘pay’ a cause of action.
Devlin J said: ‘I think that the primary meaning of the word . .

Cited by:

Cited – First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration) CA 25-May-2004
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s . .
Mentioned – Aer Lingus v Gildacroft Ltd and Another CA 17-Jan-2006
The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the . .
Cited – Law Society of England and Wales and others v Shah and others ChD 30-Nov-2007
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not . .
Attacked – Bradley v Eagle Star Insurance Co Ltd HL 1989
Mrs Bradley was employed by Dart Mill several times from 1933 and 1970 and acquired byssinosis from inhaling cotton dust. The company was wound up in 1975 and dissolved in 1976. In 1984 she applied to the court for pre-action disclosure under . .
Cited – Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd SC 31-Jul-2013
An international engineering company had several layers of professional indemnity insurance. The top later did not cover claims originating in the US or Canada. The several insurers now disputed apportionment of liability between them. The . .
Lists of cited by and citing cases may be incomplete.

Insurance, Insolvency

Leading Case

Updated: 19 August 2022; Ref: scu.198401

Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc and others: QBD 12 Apr 2006

The claimants sought to claim under an insurance policy with the defendants for the injury suffered in training by a footballer which led to his retirement. The insurers said that the player suffered a pre-existing degenerative condition which was the true cause of the symptoms.
Held: Each expert who had examined the footballer found the pre-existing condition. That evidence was overwhelming, and the disability was caused by the DDD. The claim under the insurance policy failed.

Judges:

Donns J DBE

Citations:

[2006] EWHC 840 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

First hearing – Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc, Eagle Star Insurance Company Ltd, AGF Insurance Ltd IC Insurance Ltd ComC 15-Nov-2004
The claimant football club insured its players through the defendants. A footballer injured himself in training and his career was finished. The insurers rejected the claim, and relied upon exception clauses, saying that the true cause was a . .
At Court of Appeal – Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc and others CA 20-Apr-2005
Exclusion clause in insurance contract. . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 06 August 2022; Ref: scu.240442

Petrofina (UK) Ltd v Magnaload Ltd: 1983

A finding of double insurance requires the same insured to be covered in respect of the same property against the same risks.
Lloyd J held that: ‘a head contractor ought to be able to insure the entire contract works in his own name and the name of all his sub-contractors, just like a bailee or mortgagee, and that a sub-contractor ought to be able to recover the whole of the loss insured, holding the excess over his own interest in trust for the others.’

Judges:

Lloyd J

Citations:

[1983] 3 WLR 805, [1983] 3 All ER 35, [1984] QB 127, [1983] 2 Lloyds Rep 91

Jurisdiction:

England and Wales

Cited by:

Cited – Mark Rowlands v Berni Inns Ltd CA 1985
The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building . .
Cited – Zurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule . .
Cited – Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another SC 10-May-2017
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 06 August 2022; Ref: scu.236417

HSBC Bank Plc v Liberty Mutual Insurance Company (Uk) Ltd: ChD 11 Jun 2001

Where the draftsman of a contract appeared to have misused a word the court could depart from the dictionary meanings even if there was no ambiguity. This must first become apparent from the surrounding circumstances before the court could accept that it was to be driven to construe the contract in this way.

Citations:

Times 11-Jun-2001

Jurisdiction:

England and Wales

Insurance, Banking, Contract

Updated: 06 August 2022; Ref: scu.81509

Co-operative Retail Services Ltd v Taylor Young Partnership, Hoare Lea and Partners (a Firm) and Others: CA 4 Jul 2000

A building owner entered into a standard form of building contract for the construction of office premises. Under its terms the contractor was required to take out and maintain a policy in the names of the owner, the contractor and specialist electrical subcontractors, Hall, for all risks insurance covering loss or damage to the works from specified perils including fire. Hall entered into a collateral contract with the owner warranting that it had exercised and would exercise all reasonable care and skill in the design and execution of the sub-contract works. A fire occurred causing extensive damage. The owners sued their architects and mechanical and engineering consultants, who brought third party proceedings against Hall. This raised the question whether Hall was liable to the owners in respect of the fire damage, alleged by the third party claimants to have been caused by Hall’s negligence and breach of warranty.
Held: The appeal failed.

Citations:

[2000] EWCA Civ 207, [2000] BLR 461, [2001] Lloyd’s Ins Law Rep 122

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Mark Rowlands v Berni Inns Ltd CA 1985
The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building . .

Cited by:

Cited – Scottish and Newcastle Plc v G D Construction (St Albans) Ltd TCC 29-Mar-2001
The defendant contracted to refurbish premises belonging to the claimant. A fire caused by a sub-contractor caused damage, and the cost was sought from the defendant. He claimed that the standard form contract excluded its liability, including . .
Appeal from – Co-Operative Retail Services Limited and others v Taylor Young Partnership and others HL 25-Apr-2002
Whilst a substantial new building was being constructed, it was damaged by fire caused by the negligence of several contractors. The case concerned apportionment of liability.
Held: The appeal failed. The parties could by agreement vary the . .
Cited – Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another SC 10-May-2017
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and . .
Lists of cited by and citing cases may be incomplete.

Construction, Insurance

Updated: 03 August 2022; Ref: scu.147240

Friends Provident Life and Pensions Limited v Sirius International Insurance Corporation, Guardian Assurance Plc, Royal and Sun Alliance Insurance Plc, The Scottish Lion Insurance Company Limited, Lf Insurance Company Limited: QBD 22 Jul 2004

Judges:

The Hon Mr Justice Moore-Bick

Citations:

[2004] EWHC 1799 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Friends Provident Life and Pensions Ltd v Sirius International Insurance CA 24-May-2005
The appellants provided excess layer professional indemnity insurance cover on a claims made basis. Insurers complained that although the insured had become aware of possible sources of claims, he had not given notice to the insurer, and had thereby . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 28 July 2022; Ref: scu.199489

Lloyds TSB General Insurance Holdings Limited (and Others), Abbey National Plc v Lloyds Bank Group Insurance Company Limited, Lee (and Others): CA 8 Nov 2001

Construction of aggregation clauses in insurance contracts

Judges:

Lord Justice Potter, Lady Justice Hale, And, Lord Justice Longmore

Citations:

[2001] EWCA Civ 1643, [2002] Lloyd’s Rep PN 211, [2001] Pens LR 325, [2002] CLC 287, [2002] Lloyd’s Rep IR 113, [2002] 1 All ER (Comm) 42

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Lloyds TSB General Insurance Holdings Ltd and others v Lloyds Bank Group Insurance Company Ltd ComC 6-Oct-2000
. .

Cited by:

Appeal from – Lloyds TSB General Insurance Holdings and others v Lloyds Bank Group Insurance Company Ltd HL 31-Jul-2003
The applicant had paid out many claims for mis-selling pensions. They sought to claim under their insurance. The claims met the requirements of the principle insurance, but the insurance companies sought to impose a limit by aggregation.
Held: . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 24 July 2022; Ref: scu.166830

Aneco Reinsurance Underwriting Ltd (In Liquidation) v Johnson and Higgins: CA 14 Nov 1997

Claims against insurance brokers for negligence are to be heard at the same time as a claim with regard to repudiation of liability; need for notes of arrangements.

Citations:

Times 14-Nov-1997

Jurisdiction:

England and Wales

Cited by:

See Also – Aneco Reinsurance Underwriting Limited (In Liquidation) v Johnson and Higgins Limited CA 30-Jul-1999
. .
See Also – Aneco Reinsurance Underwriting Limited (In Liquidation) (a Body Incorporate Under the Laws of Bermuda) v Johnson and Higgins Limited HL 18-Oct-2001
Brokers contracted to obtain re-insurance of risks undertaken by the claimants. They negligently failed to obtain full cover. The question at issue was whether they were liable for the full loss, or whether their duty was limited to obtaining . .
Lists of cited by and citing cases may be incomplete.

Insurance, Professional Negligence

Updated: 21 July 2022; Ref: scu.77797

In Re Insolvency Act 1986; Cork v Rawlins: ChD 27 Jun 2000

The proceeds of a permanent disability benefit insurance policy were not calculated according to the pain and suffering of the bankrupt, and were therefore distributable amongst his creditors. There was no part of it held on constructive trust for the bankrupt by the insurance company. The sums were distributable even though a decision as to the claim was made only after the discharge.

Citations:

Gazette 06-Jul-2000, Times 27-Jun-2000

Jurisdiction:

England and Wales

Insurance, Insolvency

Updated: 19 July 2022; Ref: scu.81946

Seele Austria Gmbh and Co Kg v Tokio Marine Europe Insurance Ltd: CA 7 May 2008

The court was asked whether under a policy covering the liability of third parties in a construction project, that policy covered also the costs of gaining access to parts of the building to replace defective parts.

Judges:

Waller LJ, Moore-Bick LJ, Richards LJ

Citations:

[2008] EWCA Civ 441

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Contract

Updated: 14 July 2022; Ref: scu.267553

Poole and others v HM Treasury: CA 24 Oct 2007

The claimants had suffered losses as names in the crash of the Lloyd’s Insurance market. They now sought damages saying that the defendant as regulator of the market, had failed to protect them.

Citations:

[2007] EWCA Civ 1021

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Insurance, Negligence

Updated: 12 July 2022; Ref: scu.260037

Zurich Insurance Company v Gearcross Ltd: TCC 25 May 2007

The claimant insured new buildings under a scheme at the request of developers. It now sought re-imbursement of expenditure in remedying defects in a property constructed by the defendant.

Judges:

Peter Coulsn QC J

Citations:

[2007] EWHC 1318 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Construction

Updated: 11 July 2022; Ref: scu.258376

Commission v Belgium C-522/04: ECJ 5 Jul 2007

ECJ (Freedom Of Establishment) Failure of a Member State to fulfil obligations Freedom of movement for persons Freedom of movement for workers Freedom to provide services Freedom of establishment Free movement of capital Articles 28, 31, 36 and 40 of the Agreement on the European Economic Area Directive 2002/83/EC Tax legislation providing for less favourable treatment of contributions to occupational pension schemes paid to insurance undertakings established abroad Taxation in Belgium of capital and surrender values paid to beneficiaries who have transferred their residence abroad Tax convention preventing double taxation Representative responsible.

Citations:

[2007] EUECJ C-522/04

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Commission v Belgium C-522/04 ECJ 3-Oct-2006
ECJ Failure of a Member State to fulfil obligations – Articles 18, 39, 43, 49 and 56 of the EC Treaty and Articles 28, 31, 36 and 40 of the EEA Agreement – Articles 5(1) and 53(2) of Directive 2002/83/EC of the . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 11 July 2022; Ref: scu.258191

Poole and others v Her Majesty’s Treasury: ComC 8 Nov 2006

Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the directive. That role was for the European Community. The claimants were not those intended to benefit from the Directive, and the claims were statute barred in any event.

Judges:

Langley J

Citations:

Times 01-Dec-2006, [2006] EWHC 2731 (Comm)

Links:

Bailii

Statutes:

Council Directive 73/239/EEC of July 24, 1973, on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance

Jurisdiction:

England and Wales

Citing:

Appendices – Poole and others v Her Majesty’s Treasury (Appendices) ComC 8-Nov-2006
. .
Lists of cited by and citing cases may be incomplete.

Insurance, Administrative, European

Updated: 08 July 2022; Ref: scu.245917

Poole and others v Her Majesty’s Treasury (Appendices): ComC 8 Nov 2006

Citations:

[2006] EWHC 2731 – 2 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appendices – Poole and others v Her Majesty’s Treasury ComC 8-Nov-2006
Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Administrative, European

Updated: 08 July 2022; Ref: scu.245916

McMminn v McMinn and Another: QBD 11 Apr 2006

The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility.
Held: ‘insurers do not have to prove that the injured passenger actually believed that the vehicle had been stolen or unlawfully taken. What has to be proved is that the injured passenger had the information . . . which would have afforded him good reasons for believing that the vehicle had been stolen or unlawfully taken had he applied his mind to the topic. Shutting one’s eyes to the obvious is therefore enough, provided that it would indeed have been obvious to the injured passenger if he had thought about it. ‘ because of the knowledge found as a fact in the claimant of the circumstances, the insurer could properly refuse its indemnity.

Judges:

Keith J

Citations:

[2006] EWHC 827 (QB), Times 02-May-2006

Links:

Bailii

Statutes:

Road Traffic Act 1988 151 145, Second EEC Motor Insurance Directive 84/5/EEC

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Phipps CACD 1970
Where a person has been given permission by the owner of a motor vehicle to take and use it for a particular purpose, but on completion of that purpose fails to return it and thereafter uses it without any reasonable belief that the owner would . .
Cited – White v White and The Motor Insurers Bureau HL 1-Mar-2001
The requirements as to the extent of knowledge in the mind of a passenger sufficient to defeat a claim against the Motor Insurers Bureau, of the driver’s lack of insurance, was actual knowledge. The rules implemented a European Directive which . .
Cited – McNight v Davies 1974
The court considered whether a driver had teken a vehicle without the owners consent, and having had that consent for one purpose, continued to use the car beyond that purpose: ‘[n]ot every brief, unauthorised diversion from his proper route by an . .
Lists of cited by and citing cases may be incomplete.

Insurance, Personal injury

Updated: 05 July 2022; Ref: scu.240426

Carvill America Incorporated and Another v Camperdown UK Ltd. and others: CA 27 May 2005

The claimant must bring evidence to establish that he has a cause of action which can be tried is that his claim has ‘a reasonable prospect of success,’ and this threshold is the same as if the claimant were resisting an application by the defendant for summary judgment.

Citations:

[2005] EWCA Civ 645, [2005] 2 Lloyd’s Rep 457

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Sawyer v Atari Interactive Inc ChD 1-Nov-2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant . .
Cited – Islamic Republic of Pakistan v Zardari and others ComC 6-Oct-2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 30 June 2022; Ref: scu.225326

R+V Versicherung AG v Risk Insurance and Reinsurance Solutions SA, Reass France SARL, Reass SARL, Risk Insurance and Reinsurance Solutions Ltd: ComC 18 Nov 2004

Judges:

The Hon Mr. Justice Moore-Bick

Citations:

[2004] EWHC 2682 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – R+V Versicherung Ag v Risk Insurance and Reinsurance Solutions Sa and others ComC 18-Nov-2005
. .
See Also – R+V Versicherung Ag v Risk Insurance and Reinsurance Solutions Sa and others ComC 27-Jan-2006
It had held that the defendant insurance intermediaries were liable to the claimants, a German reinsurance company, because of a conspiracy to defraud the claimants on the part of one of the defendants’ employees. The court had to decide issues of . .
See Also – R+V Versicherung Ag v Risk Insurance and Reinsurance Solutions Sa and others (No 4) ComC 10-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 27 June 2022; Ref: scu.220053

Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc, Eagle Star Insurance Company Ltd, AGF Insurance Ltd IC Insurance Ltd: ComC 15 Nov 2004

The claimant football club insured its players through the defendants. A footballer injured himself in training and his career was finished. The insurers rejected the claim, and relied upon exception clauses, saying that the true cause was a degenerative condition.
Held: The contract was unfortunately worded, and could best be understood in its commercial sense by omitting surplus words. The result was an exclusion clause protecting the insurers. ‘to give proper effect to the parties’ intentions the reference to arthritic or other degenerative conditions in joints, bones, muscles, tendons or ligaments must be construed as referring to conditions of sufficient severity to be regarded as an illness or an ailment and not to conditions that are merely a reflection of the normal ageing process, or what in another context might be described as ‘ordinary wear and tear’.’

Judges:

The Hon Mr. Justice Moore-Bick

Citations:

[2004] EWHC 2625 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Yorkshire Water Services Ltd v Sun Alliance and London Insurance Plc and Others (1) CA 20-Aug-1996
The court was asked whether the costs of flood alleviation works were recoverable under public liability insurance policies.
Held: A claim for the costs of remedial action taken to mitigate future losses were not covered by the terms of the . .
Cited – Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd CA 3-Jul-2001
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to . .
Cited – Cornish v The Accident Insurance Co. Ltd CA 1889
A policy covered the insured against accidental death or injury but excluded injuries happening by exposure of the insured to obvious risk of injury. The insured was killed by a train while attempting to cross a railway line in circumstances that . .
Cited – Fraser v B N Furman (Productions) Ltd CA 1967
The employer’s liability policy contained a condition precedent that the insured should take reasonable precautions to prevent accidents and disease. The company sought to rely upon the clause to avoid liability.
Held: ”Reasonable’ does not . .
Cited – Great North Eastern Railway Ltd v Avon Insurance Plc CA 24-May-2001
It was argued that a particular exception clause should be disregarded altogether because it would deprive the insured of the benefit of one particular head of cover.
Held: The repugnancy doctrine only entitles the court to disregard an . .
Cited – Morley and Morley v United Friendly Insurance Plc CA 1993
. .
Cited – Tor Line AB v Alltrans Group of Canada (The ‘TFL Prosperity’) HL 1984
A roll-on roll-off liner tendered under a charter party did not conform to the description in the contract and the owners relied on a widely drawn exclusion clause.
Held: The owners’ argument failed. A literal interpretation would have . .
Cited – Jason v Batten (1930) Ltd 1969
The plaintiff suffered a coronary thrombosis partly as the result of an accident caused by the defendant’s negligence and partly as a result of a pre-existing medical condition. He was a market trader, the one man in a one-man business, a limited . .

Cited by:

Appeal from – Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc and others CA 20-Apr-2005
Exclusion clause in insurance contract. . .
First hearing – Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc and others QBD 12-Apr-2006
The claimants sought to claim under an insurance policy with the defendants for the injury suffered in training by a footballer which led to his retirement. The insurers said that the player suffered a pre-existing degenerative condition which was . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 27 June 2022; Ref: scu.219644

Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996

The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made.
Held: The contract had to be construed as a whole. Under the contract, the sum became payable when the insurance claim itself became payable and not only when it was actually paid out. The complex layering arrangements envisaged by the contract required this interpretation.
Lord Hoffmann said: ‘I think that in some cases the notion of words having a natural meaning is not a very helpful one. Because the meaning of words is so sensitive to syntax and context, the natural meaning of words in one sentence may be quite unnatural in another. Thus a statement that words have a particular natural meaning may mean no more that that in many contexts they will have that meaning. In other contexts their meaning will be different but no less natural.’
Lord Mustill said: ‘If . . the words ‘actually paid’ can only as a matter of language and context mean what the syndicates maintain, I would hesitate long before giving them any other meaning, just because the result would be extraordinary’ and ‘Subject to [the use of a specialist vocabulary] the inquiry will start, and usually finish, by asking what is the ordinary meaning of the words used.’ and ‘This is . . an occasion when a first impression and simple answer no longer seem the best, for I recognise that the focus of the argument is too narrow. The words must be set in the landscape of the instrument as a whole. Once this is done the shape of the policy and the purpose of the terms become quite clear.’
and: ‘There comes a point at which the court should remind itself that . . to force upon the words a meaning which they cannot fairly bear is to substitute for the bargain actually made one which the court believes could better have been made. This is an illegitimate role for a court.’

Judges:

Lord Mustill, Lord Hoffmann

Citations:

Times 24-May-1996, [1996] 1 All ER 406, [1996] 3 All ER 46, [1996] 2 WLR 726, [1996] 2 Lloyds Rep 113, [1997] AC 313

Jurisdiction:

England and Wales

Citing:

Appeal from – Charter Reinsurance Co Ltd v Fagan and Others CA 6-Nov-1995
Liability of re-insurers arises on insurers becoming liable to pay, not payment. . .
Considered – In re Eddystone Marine Insurance Co, ex parte Western Insurance 1892
. .
Cited – Arbuthnott v Fagan CA 30-Jul-1993
The court considered the proper approach to construction of the terms in a contract. Sir Thomas Bingham MR said: ‘Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be . .

Cited by:

Cited – Yorkshire Water Services Ltd v Sun Alliance and London Insurance Plc and Others (1) CA 20-Aug-1996
The court was asked whether the costs of flood alleviation works were recoverable under public liability insurance policies.
Held: A claim for the costs of remedial action taken to mitigate future losses were not covered by the terms of the . .
Cited – Pilkington United Kingdom Limited v CGU Insurance Plc QBD 28-Jan-2004
The claimants had installed glass tiles in a roof. They fractured, and facing a claim for damages, they sought payment from their insurers. The claimants argued that the risk of fracture meant that the damage occurred upon installation, the insurers . .
Cited – Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd TCC 8-Jul-2004
The claim arose from works at a sewage plant carried out by the defendants and their sub-contractors. The plant failed to meet performance standards. It was suggested that the form of standard contract restricted the claimant’s ability to pursue a . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – Trygort (Number 2) Ltd v UK Home Finance Ltd and Another SCS 29-Oct-2008
The landlords claimed that the tenants remained bound under the lease to occupy and use the premises and pay rent. The tenant said that it had exercised a break option. The landlord said that the break was not exercisable because it had otherwise . .
Cited – Pratt v Aigaion Insurance Company SA (‘the Resolute’) CA 27-Nov-2008
The court considered the interpretation of a term in a contract of insurance to the effect that ‘Warranted Owner and/or Owner’s experienced skipper on board and in charge at all times and one experienced crew member.’, asking whether ‘at all times’ . .
Cited – Lexington Insurance Co v AGF Insurance Ltd HL 30-Jul-2009
The respondent insurers had been held liable in Washington, and had been granted indemnity against the appellants by the Court of Appeal. The insurance contract had been under the law of Pennsylvania, but that of the re-insurance under the law of . .
Cited – Sigma Finance Corporation, Re; (in administrative receivership) SC 29-Oct-2009
The court considered how the losses of the insolvent company were to be distributed as between secured creditors and preferential creditors, given the terms of the applicable trust deed.
Held: The court considered the interpretations of the . .
Cited – Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .
Cited – Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others SC 28-Mar-2012
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed . .
Cited – Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc SC 23-Jan-2013
A predecessor bank had created a trust into which it paid a small proportion of its profits. The parties now disputed the calculation of profits when the Bank declared a loss which allowed for an unrealised gain on the acquisition of HBOS. . .
Cited – Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd SC 31-Jul-2013
An international engineering company had several layers of professional indemnity insurance. The top later did not cover claims originating in the US or Canada. The several insurers now disputed apportionment of liability between them. The . .
Cited – The Financial Conduct Authority and Others v Arch Insurance (UK) Ltd and Others SC 15-Jan-2021
Many businesses, having been ordered to suspend business during the Covid-19 epidemic, sought to claim under business interruption insurance. The claims were rejected by the insurers and the insurers now appealed from a finding that they had been . .
Lists of cited by and citing cases may be incomplete.

Insurance, Contract

Updated: 17 June 2022; Ref: scu.78995