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K/S Merc-Scandia XXXXII v Underwriters to Lloyd’S Policy 25T 1054 87 and Others: QBD 20 Jul 2000

The Insurers had avoided a policy after a claim had been brought, and the insured had produced a fraudulent document. Having won their case, the applicants sought to enforce the award against the insurers. The insurers were held not to be excused under the policy. The duty of good faith applied on matters up to … Continue reading K/S Merc-Scandia XXXXII v Underwriters to Lloyd’S Policy 25T 1054 87 and Others: QBD 20 Jul 2000

Churchill Insurance v Charlton: CA 2 Feb 2001

The victim of an unlawful act of a driver off-road sought damages from another driver and his insurers. The insurers refused to pay. Held: There is a balance to be found between the statutory purpose of compulsory motor insurance and the principal that a man should not benefit from his own wrongful act. The victim … Continue reading Churchill Insurance v Charlton: CA 2 Feb 2001

Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (the “Padre Island”) (No 2): 1987

Judges: Mr Justice Saville Citations: [1987] 2 Lloyd’s Rep 529 Statutes: Third Parties (Rights Against Insurers) Act 1930 1(3) Jurisdiction: England and Wales Cited by: Appeal from – Socony Mobil Oil Co Inc v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (Fanti) CA 30-Nov-1989 … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (the “Padre Island”) (No 2): 1987

In re Compania Merabello San Nicholas SA: ChD 1973

A petition to wind up a one-ship Panamanian company was brought by a claimant cargo-owner who had ‘an unliquidated claim against the company for breach of [a] contract of carriage in respect of the shortages and for damages based on [the vessel] being unseaworthy’ The court was asked whether jurisdiction existed to wind up a … Continue reading In re Compania Merabello San Nicholas SA: ChD 1973

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 section 33(2) of the Supreme Court Act 1981 and RSC Ord. 24 rule … Continue reading Bradley v Eagle Star Insurance Co Ltd: HL 1989

Tarbuck v Avon Insurance Plc: ChD 2002

Legal expenses insurance was purchased by a Miss Nicholson who ran a Natural Health Clinic in Clerkenwell. The insurance was called an ‘Office or Surgery Policy’ and section 7, headed ‘Legal Expenses’, provided that the insurers would pay the insured’s legal costs incurred in relation to claims against her for (inter alia) negligence or for … Continue reading Tarbuck v Avon Insurance Plc: ChD 2002

Rees and Another v Mabco (102) Ltd: CA 11 Dec 1998

Insurers declined to represent an insured facing a claim for damages for secondary liability for asbestos injury. The insured losing by default, the insurers then sought to be joined to defend the action, but still showed no good defence and were refused. Held: Where an underwriter could demonstrate that there was a defence which carried … Continue reading Rees and Another v Mabco (102) Ltd: CA 11 Dec 1998

Socony Mobil Oil Co Inc v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (Fanti): CA 30 Nov 1989

The court considered appeals from conflicting interpretations of the effect of s1(3) of the 1930 Act on pay to be paid clauses in the event of the insolvency of the insured. Held: The condition did not purport to avoid the contract or to alter the rights of the parties under the contract in the event … Continue reading Socony Mobil Oil Co Inc v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (Fanti): CA 30 Nov 1989

Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (The ‘Fant’): HL 14 Jun 1990

The House was asked as to the effect of section 1(3) of the 1930 Act on policies including ‘pay or be paid’ clauses. Held: The central question was whether the condition of prior payment was rendered of no effect by section 1(3) of the Act of 1930. It is well established that an indemnity is … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (The ‘Fant’): HL 14 Jun 1990

Gaardsoe v Optimal Wealth Management: ChD 28 Feb 2012

The claimant sought leave to bring proceedings for professional negligence. As a footballer he had been injured, ending his career. He said that the defendant had been engaged, inter alia, to arrange insurance, but that they had failed to do so. The defendant company was in administration. Judges: John Martin QC Citations: [2012] EWHC 3266 … Continue reading Gaardsoe v Optimal Wealth Management: ChD 28 Feb 2012

Firma CF-Trade SA v Newcastle Protection and Indemnity Association (the ‘Fanti’): QBD 1987

The court considered the effect of section 1(3) on a ‘pay to be paid’ clause in a re-insurance contract. Held: If, as a matter of construction of the membership rules, the condition survived the making of a winding-up order – which he thought it did not) the condition sought directly to alter the rights of … Continue reading Firma CF-Trade SA v Newcastle Protection and Indemnity Association (the ‘Fanti’): QBD 1987

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Woolwich Building Society v Taylor and Another: ChD 17 May 1994

A person requesting third party information under the Act, must first establish a claim sufficient to justify the right claimed. The third party claimant’s right against the insured arose at the time when the claimant suffered a loss but that the right of the insured to sue his insurer in respect of the liability he … Continue reading Woolwich Building Society v Taylor and Another: ChD 17 May 1994

T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others: ChD 9 May 2003

T and N had exposure to asbestosis claims; these claims were insured by Lloyd’s but on terms that if payments were to be made, T and N should make certain reimbursements to Lloyd’s. T and N then insured with a captive company known as Curzon their liability to make such reimbursements. Lloyd’s called on T … Continue reading T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others: ChD 9 May 2003

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

Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (the ‘Padre Island’) (No 2): 1987

References: [1987] 2 Lloyd’s Rep 529 Coram: Mr Justice Saville Ratio: Statutes: Third Parties (Rights Against Insurers) Act 1930 1(3) This case is cited by: Appeal from – Socony Mobil Oil Co Inc and others -v- West of England Ship Owners Mutual Insurance Association Ltd (the ‘Padri Island’) (No 2); Firma CF-Trade S.A -v- Newcastle … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (the ‘Padre Island’) (No 2): 1987

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