Category: Insurance

D’Autremont v Fire Association of Philadelphia: 1892

(USA) The insured was insane when he started a fire. The insurance company refused to pay.
Held: The claim succeeded. Macomber J said: ‘In actions upon policies to cover damages occasioned by loss through fire, it is not a defence which the insurance company may avail itself of to show that the loss was caused by the carelessness, negligence, or want of care of the insured, or any of his agents or servants. The insurance company, in order to establish such a defence, must go further and show that the act was so grossly negligent as to indicate an intention to commit a fraud on the rights of the insurer . . I am unable to see that an insane person can form a fraudulent or wrongful design in the destruction of his own property, so as to defeat a policy of insurance thereon, any more than I can see that he could form a criminal intent in the commission of crime.’

Judges:

Macomber J

Citations:

65 Hun 475 (1892)

Jurisdiction:

United States

Cited by:

Cited – Porter v Zurich Insurance Company QBD 5-Mar-2009
The claimant insured his house with the defendants. Severely depressed, drunk and delusional, he set fire to it and now claimed after refusal to pay out. He said that he was not acting as a free agent.
Held: A claimant who seeks to recover . .
Lists of cited by and citing cases may be incomplete.

Insurance, International

Updated: 09 November 2022; Ref: scu.322731

IFE Fund Sa v Goldman Sachs International: CA 31 Jul 2007

Citations:

[2007] EWCA Civ 811, [2007] 2 Lloyd’s Rep 449

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – IFE Fund Sa v Goldman Sachs International ComC 21-Nov-2006
A claim advanced depended on the defendant having owed a duty to provide information. Toulson J said: ‘[The claimant] relies on the publication of the SIM [i.e. a Syndicate Information Memorandum] to give rise to the alleged duty of care. The . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 09 November 2022; Ref: scu.258472

Jordan Grand Prix Limited v Baltic Insurance Group and others: CA 24 Oct 1997

A counterclaim by insurers had to be limited to the original defendants. There is no jurisdiction to join additional third parties who were not within the jurisdiction.

Citations:

Gazette 12-Nov-1997, Times 14-Nov-1997, Gazette 14-Jan-1998, [1997] EWCA Civ 2567, [1998] 3 All ER 418, [1998] 1 WLR 1049

Links:

Bailii

Statutes:

Brussels Convention 1968 Art 11

Jurisdiction:

England and Wales

Citing:

Appealed to – Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action) HL 20-May-1998
The Brussels Convention requires an insurance company to commence a claim against an insured in the country in which it operates. This applies also to non-convention countries, and a counterclaim may not add a new party from another jurisdiction. . .

Cited by:

Appeal from – Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action) HL 20-May-1998
The Brussels Convention requires an insurance company to commence a claim against an insured in the country in which it operates. This applies also to non-convention countries, and a counterclaim may not add a new party from another jurisdiction. . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Insurance, Litigation Practice

Updated: 09 November 2022; Ref: scu.142967

Robert Irving and Burns (a Firm) v Stone and others: CA 16 Oct 1997

A claim under an insurance policy was not made when the writ was issued but rather when it was served on the insured; Insurer’s denial of liability was valid.

Citations:

Gazette 29-Oct-1997, Times 30-Oct-1997, [1997] EWCA Civ 2507

Jurisdiction:

England and Wales

Insurance, Professional Negligence

Updated: 09 November 2022; Ref: scu.142905

Agnew and others v Lansforsakringsbolagens: CA 31 Jul 1997

Conflict of laws. Re-insurers sought to invalidate a claim alleging misrepresentation or non-disclosure. Did the duty of disclosure continue after the contract was in place.
Evans LJ, dissenting said: ‘the reference in Article 5(1) to ‘the obligation in question’ ought not to be considered in isolation from the remaining words in Article 5(1), any more, that Article 5 should be interpreted without regard to the fact that it creates a special exception to the general rule of domiciliary jurisdiction in Article 2.’

Judges:

Hobhouse and Schiemann LJJ, Evans LJ

Citations:

[1997] EWCA Civ 2253, [1997] 4 All ER 937

Statutes:

Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988

Jurisdiction:

England and Wales

Cited by:

Appeal from – Agnew (Suing On His Own Behalf and In a Representative Capacity on Behalf of all Members of Lloyd’s Syndicates 672, 79, 1023 and 590) and Others v Lansforsakringsbolagens A B HL 17-Feb-2000
An action relating to misrepresentation before a contract of re-insurance is, within the Lugano Convention, an action relating to a contract, rather than to insurance. Accordingly the appropriate forum for any litigation was the place where the . .
Lists of cited by and citing cases may be incomplete.

Insurance, International

Updated: 09 November 2022; Ref: scu.142650

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: TCC 8 Nov 2012

Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability under the contract.
Held: The mistake had been innocent, but the ‘basis’ clause making the representation part of the contract was effective. The difference between the company named and that used was material in terms of risk. There was a breach of the warranty, and the insurers were entitled to avoid the policy.

Judges:

Akenhead J

Citations:

[2012] EWHC 3105 (TCC), [2013] BLR 28, [2012] 2 CLC 837

Links:

Bailii

Citing:

Cited – Condogianis v The Guardian Assurance Company Limited PC 2-May-1921
Australia – The insured had filled out a proposal form for fire insurance incorrectly having failed to mention in his answer to a question about a second of two fires for which he had previously claimed. The proposal form contained a declaration . .
Cited – Dawsons Ltd v Bonnin HL 1922
The House considered whether a provision was a warranty rather than a representation, allowing the contract to be avoided for its breach. It was an inadvertently inaccurate statement by the insured in the proposal form which was expressly . .
Cited – Rozanes v Bowen CA 1928
The court considered a proposal form for a jeweler’s block policy as filled in by the insured or his agent which incorrectly identified only one previous loss although there were several previous losses. The form stated that ‘It is understood that . .
Cited – Holmes v Scottish Legal Life Assurance Society KBD 1932
There had been an honest misstatement made by a son about his father’s health in a proposal form for a life insurance. The proposal form was made ‘the basis of the contract’ and there was a further provision in the policy that it could be avoided if . .
Cited – Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck) HL 1992
The effect of breach of an insurance warranty is automatic, rather than dependant on any acceptance or election.
Lord Goff of Chieveley said: ‘So it is laid down in section 33(3) that, subject to any express provision in the policy, the insurer . .
Cited – Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd SCS 1996
(Inner House) Information set out in a proposal form was incorrect and the declaration made by the insured was incorporated as the basis of the insurance. The insurer repudiated liability. . .
Cited – Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd SCS 1996
(Inner House) Information set out in a proposal form was incorrect and the declaration made by the insured was incorporated as the basis of the insurance. The insurer repudiated liability. . .
Cited – Economides v Commercial Union Assurance Co Plc CA 22-May-1997
The insured represented to the insurers that to ‘the best of his knowledge and belief’ the full cost of replacing all the contents in his flat as new was pounds 16,000. He contended that that meant that he honestly believed that pounds 16,000 was . .
Cited – Jagjivan Kumar v AGF Insurance Ltd ComC 10-Nov-1997
The court was concerned with a claim under a solicitors’ professional liability top up insurance policy. By clause 5 the insurer undertook ‘not to avoid repudiate or rescind this insurance upon any ground whatsoever including in particular . .
Cited – Zeller v British Caymanian Insurance Company Ltd PC 16-Jan-2008
(Cayman Islands) The Board considered the effect of a misdeclaration on a proposal for medical insurance.
Lord Bingham considered a statement which was said to be ‘complete and correct to the best of my knowledge and belief’. Lord Bingham . .

Cited by:

Appeal from – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 06 November 2022; Ref: scu.465741

Silverton v Goodall and Motor Insurance Bureau: CA 26 Mar 1997

Sir Ralph Gibson explained the historical development of the Motor Insurers Bureau describing it as ‘a novel piece of extra statutory machinery’.

Judges:

Sir Ralph Gibson

Citations:

[1997] EWCA Civ 1363, [1997] PIQR 451

Jurisdiction:

England and Wales

Cited by:

Cited – Horton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Insurance, Personal Injury

Updated: 06 November 2022; Ref: scu.141759

Sargent v GRE (UK) Limited: CA 16 Apr 1997

The plaintiff had been injured, losing a finger, playing football whilst in the forces. He was unable to continue his profession within the army, and claimed under his insurance against loss of employment through permanent disablement. The insurers responded that he was able to do other work.
Held: An unclear provision in a consumer insurance contract is to be construed broadly. ‘A broader approach to the construction of a provision in a commercial document, such as this policy, is appropriate, embracing consideration of the policy as a whole, its context, scheme and the surrounding circumstances. That approach should help to bring into sharper focus the object and purpose of the provisions which lack linguistic clarity.’ Applying such a reading, the policy was construed to read that ‘any occupation’ in this context meant within the Armed Forces, and accordingly the appeal succeeded, and the benefit was payable.

Judges:

Lord Justice Leggatt, Lord Justice Thorpe, Lord Justice Mummery

Citations:

Times 25-Apr-1997, [1997] EWCA Civ 1414

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Sherwood v Cox CA 1945
The respondent had been accused of selling milk not of the nature, substance and quality demanded, in that it was deficient in milk fat. The justices found facts proved as admitted: ‘When the summons was served on the respondent on August 14, 1944, . .
Cited – Pocock v Century Insurance Co Ltd 1960
. .
Lists of cited by and citing cases may be incomplete.

Insurance, Consumer

Updated: 06 November 2022; Ref: scu.141810

Kuwait Airways Corporation and Another v Kuwait Insurance Company Sak: CA 21 May 1997

Citations:

[1997] EWCA Civ 1745, [1997] 2 Lloyd’s Rep 687

Jurisdiction:

England and Wales

Citing:

Appeal from (Affirmed) – Kuwait Airways Corporation and Anor v Kuwait Insurance Company S A K and Ors (No 1) ComC 21-Dec-1995
ComC Construction of Insurance policies. Whether the Claimant could recover from their insurers for 15 aircraft taken by Iraqi forces in the invasion of Kuwait. Claim was made in respect of spare aircraft parts . .

Cited by:

Appeal from (varied) – Kuwait Airways Corporation and Another v Kuwait Insurance Company SAK and others HL 11-Mar-1999
The airline’s airplanes were taken in the invasion of Kuwait. The company sought to claim on its insurance.
Held: This was a matter of construing the particular terms of the insurance contracts. As regards the claims under the insurance . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 06 November 2022; Ref: scu.142141

Promet Engineering (Singapore) Pte Ltd (Formerly Self-Elevating Platform Management Pte Limited) v Nicholas Colwyn Sturge and others (The Nukila): CA 26 Mar 1997

Insurers were liable for other damage to ship hull if there had been more than a latent defect in it. In Inchmaree clauses in English law, ‘damage’ usually refers to a changed physical state.

Judges:

Hobhouse LJ

Citations:

Times 10-Apr-1997, [1997] EWCA Civ 1358, [1997] 2 Lloyds Rep 146, [1997] CLC 966

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Reversing on appeal from – Promet Engineering Pte Ltd v Sturge and Others; The Nukila ComC 24-Oct-1995
An Inchmaree clause didn’t apply if a welding break caused no damage to the other vessel.
cw Insurance – Inchmaree clause – scope – latent defects – patent defects – separate parts of insured property. . .

Cited by:

Reversed on Appeal to – Promet Engineering Pte Ltd v Sturge and Others; The Nukila ComC 24-Oct-1995
An Inchmaree clause didn’t apply if a welding break caused no damage to the other vessel.
cw Insurance – Inchmaree clause – scope – latent defects – patent defects – separate parts of insured property. . .
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 – Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 06 November 2022; Ref: scu.141754

Credit Lyonnais v New Hampshire Insurance Company: CA 12 Mar 1997

Whether two policies of insurance were governed by English or French law.

Citations:

[1997] CLC 909, [1997] EWCA Civ 1218, [1997] 2 Lloyds Rep 1, [1997] 2 CMLR 610

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Caledonia Subsea Limited v Micoperi SRL SCS 9-Mar-2001
The parties disputed which court should have jurisdiction to hear their contract dispute.
Held: There has been an ongoing difference in the interpretation of the Rome Convention as to the relative weight to be given to the place of business of . .
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.

Jurisdiction, Insurance

Updated: 06 November 2022; Ref: scu.141614

Royal Boskalis Westminster NV and others v Mountain and others: CA 28 Feb 1997

Effect of illegality on a contract.
Held: Reversed

Judges:

Stuart-Smith LJ

Citations:

[1997] EWCA Civ 1140, [1999] QB 674, [1998] 2 WLR 538, [1997] 2 All ER 929, [1997] LRLR 523

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At ComC – Royal Boskalis Westminster NV and Ors v Trevor Rex Mountain and Others ComC 18-Dec-1995
Marine insurance – assured – revocation of notice abandonment – before or after commencement of action – effect : Marine insurance – assured – declaration of intention not to make claim for total loss – recovery of property – effect : Marine . .
Cited – St John Shipping Corporation v Joseph Rank Limited 1956
The defendants held a bill of lading for part of the cargo carried on the plaintiffs’ vessel from Mobile, Alabama, to Birkenhead. The vessel was over laden and the plaintiffs were guilty of an offence under the 1932 Act. The defendants relied on the . .
Cited – Archbolds (Freightage) Ltd v S Spanglett Ltd (Randall, third party) CA 1961
The court considered the effect of illegality on a contract. Devlin LJ said: ‘The effect of illegality on a contract may be threefold. If at the time of making the contract there is an intent to perform it in an unlawful way, the contract, although . .

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 – Versloot Dredging Bv and Another v Hdi Gerling Industrie Versicherung Ag and Others SC 20-Jul-2016
The ‘DC MERWESTONE’ suffered a water ingress of water flooding the engine room. This resulted from (i) the negligence of the crew in failing to close the sea inlet valve of the emergency fire pump and drain down the system, after they had used the . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 05 November 2022; Ref: scu.141536

Power v Provincial Insurance: CA 18 Feb 1997

The insured had failed to disclose an earlier drink driving conviction on applying for insurance over five years later. The insurers refused cover on an accident. The plaintiff said that the conviction was spent under the 1974 Act. The endorsement remained ‘effective’ on his licence for 11 years should he be convicted again. The court asked whether an endorsement was part of the penalty and rehabilitated.
Held: The endorsement was a penalty within the meaning of the section and should have been disclosed.

Judges:

Staughton LJ, Pill LJ, Mummery LJ

Citations:

[1997] EWCA Civ 1037

Statutes:

Road Traffic Act 1972, Rehabilitation of Offenders Act 1974

Jurisdiction:

England and Wales

Citing:

Cited – River Wear Commissioners v Adamson HL 1877
It was not necessary for there to be an ambiguity in a statutory provision for a court to be allowed to look at the surrounding circumstances.
As to the Golden Rule of interpretation: ‘It is to be borne in mind that the office of the judge is . .
Cited – Bell v Ingham QBD 1968
The plaintiff was charged with an attempting to commit an offence of taking and driving away a motor vehicle without the consent of the owner. The Justices fined him andpound;10 and ordered that the particulars of the conviction should be endorsed . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Insurance

Updated: 05 November 2022; Ref: scu.141433

Milton Keynes Borough Council v Nulty and Others: TCC 3 Nov 2011

There had been two fires at depots owned by the claimants. They brought proceedings against an employee, but his insurers repudiated liability saying that they had not been promptly notfied of the claim.
Held: The first fire was caused either by a cigarette end discarded by Mr Nulty or it was caused by arcing from a disused electric cable which had been left live and in a dangerous condition. The second fire resulted from a failure properly to extinguish the first fire and the Court found against the deceased’s insurers on the issue of coverage under the policy.The first fire was caused either by a cigarette end discarded by Mr Nulty or it was caused by arcing from a disused electric cable which had been left live and in a dangerous condition.

Judges:

Edwards-Stuart J

Citations:

[2011] EWHC 2847 (TCC)

Links:

Bailii

Citing:

Cited – Rhesa Shipping Co SA v Edmonds (The Popi M) HL 16-May-1985
The Popi M sank in calm seas and fair weather as a result of a large and sudden entry of water into her engine room through her shell plating. The vessel’s owners claimed against her hull and machinery underwriters, contending that the loss was . .

Cited by:

Appeal from – Nulty and Others v Milton Keynes Borough Council CA 24-Jan-2013
There had been two fires at a depot owned by the claimants. The fires were found to have been likely to have been caused by the deceased employee. His insurers had repudiated liability saying that the had not been notified oin a timely fashion.
Lists of cited by and citing cases may be incomplete.

Negligence, Insurance

Updated: 04 November 2022; Ref: scu.463865

Churchill Insurance Company Ltd v Fitzgerald and Wilkinson and Others: CA 24 Aug 2012

The court was asked whether, if the insured owner of a vehicle permits another, uninsured, to drive the car, carrying the owner, and through his negligence causes and accident in which the owner is injured, the insurer is bound to meet the owner’s claim by virtue of the 1988 Act.

Judges:

Maurice Kay VP, Etherton, Aikens LJJ

Citations:

[2012] EWCA Civ 1166

Links:

Bailii

Statutes:

Road Traffic Act 1988

Jurisdiction:

England and Wales

Personal Injury, Road Traffic, Insurance

Updated: 04 November 2022; Ref: scu.463723

Crystal Eye Management (Pty) Limited v Entertainment Guarantees Limited and Broad: CA 15 Jan 1997

The plaintiffs underwrote a film. The excesses for which they were liable were insured. The plaintiffs came to claim under the insurance, and Lloyds sought to intervene. The plaintiffs obtained judgement against the defendants by default. It later appeared that the sum for which judgement was entered had been claimed in error. They later sought to claim an alternative smaller sum, but only later to reverse the incorrect judgement. The interveners resisted on the grounds of the plaintiff’s delay. The plaintiff pointed to the windfall which the defendants would receive. The plaintiff appealed a refusal to allow the amendment. Held (majority): The appeal was granted. The delay was inordinate, but a refusal would not do justice to the parties.

Judges:

Lord Justice Leggatt Lord Justice Pill Lord Justice Ward

Citations:

[1997] EWCA Civ 773

Statutes:

Third Parties (Rights Against Insurers) Act 1930

Jurisdiction:

England and Wales

Citing:

Cited – Cannan v Reynolds 12-Jun-1855
The Court has jurisdiction to set aside a judgment on the ground of mistake if an application to do so is made within a reasonable time after the judgment has been acted on. ‘the application must be made within a reasonable time after the judgment . .
Cited – Vann v Awford CA 18-Apr-1986
The Court set aside the judgment on the application of the defendant, despite the fact that that he had, in his own account of the matter, lied on affidavit. Weighing the defence on the merits against possible prejudice to the plaintiffs, the Court . .
Cited – The Frotanorte CA 1996
The discretion in the court to to appoint an arbitrator under section 19(1) should not be narrowed without good reason. He continued: ‘In every such case there must come a time when the Court can properly refuse to grant [the relief sought] not . .
Cited – S Kaprow and Co Ltd v Maclelland and Co Ltd CA 1948
The court considered the circumstances necessary to support an application to set a judgment aside: ‘Unless the court intervenes to relieve the plaintiffs from the position in which they are under their pleading, they will be deprived of the . .
Cited – Evans v Bartram HL 1937
When a defendant seeks to set aside a regular judgment which had been obtained by default, the test for setting it aside is: ‘In a case like the present there is a judgment, which, though by default, is a regular judgment, and the applicant must . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 04 November 2022; Ref: scu.141169

Glencore International Ag and Another v Portman and others: CA 13 Dec 1996

The claimants had failed to disclose previous demurrage losses, and now appealed a dismissal of their claim under the policy for non-disclosure such as to be a breach of their duty of utmost good faith.
Held: the demurrage losses incurred by the claimants were relevant, and their relevance should have been known to the insured’s agent. It is for the insured to give the underwriter the material; it is not for the underwriter to ask for it. There had been no waiver of the duty to disclose. Appeal dismissed.

Judges:

Lord Justice Leggatt Lord Justice Hutchison Lord Justice Waller

Citations:

[1996] EWCA Civ 1206

Statutes:

Marine Insurance Act l906 17 18

Jurisdiction:

England and Wales

Citing:

Cited – Carter v Boehm 1766
Lord Mansfield CJ said: ‘The underwriter, here, knowing the governor to be acquainted with the state of the place; knowing that he apprehended danger, and must have some ground for his apprehension; being told nothing of either; signed this policy, . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 04 November 2022; Ref: scu.141074

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

Cutter v Eagle Star Insurance Company Limited: CA 22 Nov 1996

The concept of a ‘Road’ under the Act includes areas of a public car park marked out for the use of vehicles.

Citations:

Times 03-Dec-1996, [1996] EWCA Civ 1029, [1997] 1 WLR 1082, [1998] RTR 309

Links:

Bailii

Statutes:

Road Traffic Act 1988 192

Jurisdiction:

England and Wales

Cited by:

Appeal from – Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd HL 25-Nov-1998
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Insurance

Updated: 03 November 2022; Ref: scu.140896

Right Honourable Francis Nigel Baron Napier and Ettrick and Another v RF Kershaw Ltd and Others: CA 24 Oct 1996

‘whether the pre-1995 form of premiums trust deed (‘PTD’) which every Name at Lloyd’s must enter into pursuant to section 83(2) of the Insurance Companies Act 1982 embraces, in addition to premiums and other receipts of his underwriting business, sums recovered in litigation against his agents for negligent underwriting. ‘

Citations:

[1996] EWCA Civ 796, [1996] CLC 1875, [1997] LRLR 1

Links:

Bailii

Jurisdiction:

England and Wales

Insurance

Updated: 01 November 2022; Ref: scu.140663

Endurance Corporate Capital Ltd v Sartex Quilts and Textiles Ltd: CA 5 Mar 2020

The court considered: ‘the correct legal test for assessing the sum payable under a policy of insurance against property damage when there is no term of the policy which fixes the measure of loss. The main issue is whether, in order to recover the cost of reinstating damaged property under such a policy when this cost has not actually been incurred, the insured needs to show a genuine, fixed and settled intention to reinstate the property and (in the case of a building) to do so on the same site and in the same style and general shape as it was before the damage occurred.’

Citations:

[2020] EWCA Civ 308

Links:

Bailii

Jurisdiction:

England and Wales

Insurance

Updated: 01 November 2022; Ref: scu.648567

Bankers Insurance Company Limited v South, Gardner: QBD 7 Mar 2003

The two defendants had been involved in a jet-ski accident on holiday in Europe. The claimant sought a declaration that it was not liable to indemnify its insured under the holiday insurance under which they travelled. The policy excluded liability for damages arising from ownership, or possession of water craft. The defendants alleged that the exclusion was unfair under the Regulations.
Held: The policy was neither unfair nor worded unclearly, and was not affected by the Regulation. A jet ski is a water craft. It was asserted that the clause requiring immediate notification was unfair. This failed. Declaration granted.

Judges:

The Honourable Mr Justice Buckley

Citations:

[2003] EWHC 380 (QB)

Links:

Bailii

Statutes:

Unfair Terms in Consumer Contracts Regulations 1994 3

Jurisdiction:

England and Wales

Citing:

Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Cited – Alfred Mcalpine Plc v BAI (Run-Off) Limited CA 11-Feb-2000
Obligations in a Notice of Claims clause should not be treated as conditions precedent to liability but as innominate terms apt only to create a defence to a claim under the policy if the consequences of breach are so serious as to give the insurers . .

Cited by:

Cited – 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, Personal Injury, Consumer

Updated: 31 October 2022; Ref: scu.179545

ABS Company Ltd v Pantaenius UK Ltd and Others: ComC 1 Oct 2020

Trial of a claim by the owner of the Motor yacht Queen B Speed for the reasonable costs of repairing the Yacht pursuant to an insurance policy underwritten by the second to fourth defendants following a grounding incident in the Bosporus Strait.

Citations:

[2020] EWHC 3720 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Transport

Updated: 31 October 2022; Ref: scu.660102

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

The Marel: CA 1994

Judges:

Dillon LJ

Citations:

[1994] 1 Lloyds Law Rep 624

Jurisdiction:

England and Wales

Cited by:

Cited – Kastor Navigation Co Ltd and Another v AGF M A T and others (‘Kastor Too’) ComC 4-Dec-2002
The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 27 October 2022; Ref: scu.251811

Toomey v Eagle Star Insurance Co Ltd: CA 1994

The word ‘reinsurance’ is often used loosely simply to describe any contract of insurance which is placed by or for the benefit of an insurer, but it should be construed more properly to require the insurance of an insurable interest in the subject matter of an original insurance. ‘The Court must ask itself whether the contractual intention was that the exclusion should cover both the possible negligent grounds of liability as well as the non-negligent grounds.’
Liability insurance is a species of original insurance whereby an assured insures the risk of his becoming liable to others: ‘The element of ‘liability’ was effectively introduced into this branch of insurance by the attempts of insurers, through the use of special clauses, to get round the need to prove their loss by proving an insured loss of the original subject matter. The history of this part of the law is reviewed in the judgments of the Court of Appeal in Insurance Company of Africa -v- Scor (UK) Reinsurance Co Limited [1985] 1 Lloyd’s Rep.312. The original form of the relevant clause required reinsurers ‘to pay as may be paid thereon’ a wording which Mr Justice Matthew in Chippendale -v- Holt (1895) 1 Com Cas 157 held only went to the quantum of any payment that had been made by the reinsured, not to the question whether a loss covered by the original insurance had ever taken place. The market then introduced the clause which required the reinsurers to ‘follow the settlement’ of the reassured. This clause was successful in requiring the reassured to accept any bona fide settlements made by the reassured with the original assured. The position was summarised by Lord Justice Robert Goff in Scor at [1985] 1 Lloyd’s rep at p.330 .. the effect of a clause binding reinsurers to follow settlements of the insurers, is that the reinsurers agree to indemnify insurers in the event that they settle any claim by their assured .. provided that the claim as so recognised by them falls within the risks covered by the policy of reinsurance as a matter of law and provided also that in settling the claim the insurers have acted honestly and have taken all proper and business like steps in making the settlement . . . Over the years, Judges have on a number of occasions, when dealing with reinsurance policies containing various types of settlement or payment clauses used the language of indemnification in respect of liabilities . . . In my judgment these references to liability must not be read out of context. They derive in part from particular reinsurance clauses which have been included in policies and from the basic proposition that a reinsured must prove a loss and must give the reinsurer the benefit of all rights of subrogation. These, and similar, statements do not alter the character of reinsurance or make it into something which is a mere liability insurance.’
Hobhouse LJ referred to the principle in Hooley Hill Rubber and said: ‘It is also necessary that the court should have regard to previous decisions of the courts upon the same or similar wording. Parties to a commercial contract are to be taken to have contracted against a background which includes the previous decisions upon the construction of similar contracts.’

Judges:

Hobhouse LJ

Citations:

[1994] 2 Lloyd’s Rep 516

Jurisdiction:

England and Wales

Citing:

Cited – Re Hooley Hill Rubber and Royal Insurance Co CA 1920
When interprting a contract, it is assumed that the draftsman works with a view to certainty of sense and standardisation of terms. Bankes LJ said: ‘Courts should be chary in interfering with the interpretation given to a well-known document and . .
Cited – Phoenix General Insurance Co of Greece SA v Halvanon Insurance Co Ltd ChD 1985
The court was asked to consider preliminary issues concerning facultative obligatory (fac. oblig.) reinsurances of a variety of business. The issues included whether the reinsured was obliged to keep a retention and whether the writing of its . .

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 . .
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 . .
Lists of cited by and citing cases may be incomplete.

Insurance, Contract

Updated: 27 October 2022; Ref: scu.219306

Smith v Clerical Medical and General Life Assurance Society: CA 1993

Citations:

[1993] 1 FLR 47

Jurisdiction:

England and Wales

Cited by:

Cited – Hyett v Stanley and others CA 20-Jun-2003
The couple had lived together at the property without being married for several years. The house was held in the man’s sole name, and after his death she sought a half share in it. It was established that she had been told she should have a half . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 27 October 2022; Ref: scu.197739

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

Brit Syndicates Ltd (Brit Syndicate 2987 at Lloyd’s) and others v Grant Thornton International and Another: CA 6 Dec 2006

Citations:

[2006] EWCA Civ 1661, [2007] 1 Lloyd’s Rep 329, [2007] Lloyd’s Rep IR 343, [2007] Lloyd’s Rep IR Plus 16

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Brit Syndicates Ltd and others v Italaudit Spa and Another ComC 3-Mar-2006
The claimant insurers sought a declaration that they had successfully avoided an insurance policy.
Held: The court granted summary dismissal of the claim against the defendants. . .

Cited by:

Appeal from – Brit Syndicates Ltd and others v Italaudit Spa and others HL 12-Mar-2008
The parties disputed the extent of cover under an insurance policy. The insured firm of accountants had failed to verify the existence of a substantial balance claimed by the company it audited. The policy ‘included as an Assured Firm but solely in . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 25 October 2022; Ref: scu.246801

Carmichael’s Executrix v Carmichael: HL 30 Jul 1920

A father took on the life of his pupilson a policy of insurance whereby up to the son’s majority he, the father, might surrender, and in the event of the son’s death before that event would receive repayment of the premiums paid; on the son’s attaining majority he, the son, could maintain the policy by continuing payment of the premium, in which case the sum assured was payable to his executors or assignees on his death, or he might exercise certain options. The father retained the policy in his own custody. The son attained majority and died before a further premium was due. In a competition between the son’s executor and the father, held ( rev. judgment of the Court of Session) that the executor was entitled to the assured fund inasmuch as the son at his death had a jus quaesitum in the policy.

Judges:

Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Shaw

Citations:

[1920] UKHL 547, 57 SLR 547

Links:

Bailii

Jurisdiction:

Scotland

Insurance

Updated: 22 October 2022; Ref: scu.631538

Kunsthaus Muerz (Judgment): ECJ 2 Apr 2020

Reference for a preliminary ruling – Freedom to provide services – Direct life insurance – Directive 2002/83 / EC – Articles 35 and 36 – Right and period of waiver – Incorrect information concerning the procedures for exercising the right of waiver – Formal conditions for the declaration of waiver – Expiration of the right of waiver – Relevance of the policyholder’s ‘consumer’ status

Citations:

C-20/19, [2020] EUECJ C-20/19, ECLI:EU:C:2020:273

Links:

Bailii

Jurisdiction:

European

Insurance, Consumer

Updated: 19 October 2022; Ref: scu.660139

J A Chapman and Co Ltd v Kadirga Denizcilik Ve Ticaret AS and Others: ComC 14 Nov 1997

In marine insurance, the assured remains liable to the broker for premiums even though not paid on to insurer save in exceptional circumstances – Marine Insurance – premium warranty – liability to pay after breach of warranty.

Judges:

Thomas J

Citations:

Times 19-Mar-1998, [1998] Lloyd’s Rep IR 377, [1998] CLC 860

Statutes:

Marine Insurance Act 1906

Jurisdiction:

England and Wales

Insurance

Updated: 17 October 2022; Ref: scu.220809

Starlight Shipping Company v Allianz Marine and Aviation Versicherungs Ag and Others (Alexandros T): ComC 19 Dec 2011

Starlight had sued its insurers for payment under policies with regard to the Alexandros T. After allegations of serious misconduct were made against some of the insurance underwiters, the matter was settled with full liabiity under the terms of a Tomlin Order.

Judges:

Burton J

Citations:

[2011] EWHC 3381 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Apostolos Konstantine Ventouris v Trevor Rex Mountain, The Italia Express No 2 QBD 1992
A contract of marine insurance is not one to provide peace of mind or freedom from distress.
An assured cannot recover for losses caused by the insurer’s wrongful refusal to pay a valid claim. Interest on the sum is an adequate compensation. . .
Cited – Sprung v Royal Insurance (UK) Ltd CA 1999
An insured cannot recover damages at large for an insurer’s failure to pay. Interest on sums due under a policy is adequate compensation for late payment; this is so, even if an insurer deliberately withholds sums which he knows to be due under a . .
Cited – Turner v Grovit and others HL 13-Dec-2001
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .

Cited by:

Appeal from – Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others CA 20-Dec-2012
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners . .
At first instance – In re The Alexandros T SC 6-Nov-2013
The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 15 October 2022; Ref: scu.460453

Teal Assurance Company Ltd v W R Berkley Insurance (Europe) Ltd and Another: ComC 31 Jan 2011

The parties disputed the proper construction and the operation of an excess reinsurance policy of professional liability insurance, and more specifically about how it is determined whether the ‘excess point’ that triggers the reinsurance cover has been reached.

Judges:

Andrew Smith J

Citations:

[2011] EWHC 91 (Comm), [2011] Lloyds Rep IR 285

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd and Another CA 15-Dec-2011
. .
At First Instance – 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

Updated: 12 October 2022; Ref: scu.428541

Mujur Bakat Sdn Bhd and Another v Uni Asia General Insurance Berhad and Others: ComC 18 Mar 2011

Eder J said: ‘in considering whether or not England is the most appropriate forum, it is necessary to have in mind the overall shape of any trial and, in particular what are, or what are at least likely to be, the issues between the parties and which will ultimately be required to be determined at any trial. These were originally set out in two letters’

Judges:

Eder J

Citations:

[2011] EWHC 643 (Comm), [2011] Lloyds Rep IR 465

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – VTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
Lists of cited by and citing cases may be incomplete.

Insurance, Jurisdiction

Updated: 12 October 2022; Ref: scu.430671

Aspen Underwriting Ltd and Others v Credit Europe Bank Nv: SC 1 Apr 2020

The insurers had settled a claim after the insured vessel was lost. It then concluded that the ship owners were responsible and sought recovery of the sums paid.

Judges:

Lady Hale, Lord Reed, Lord Kerr, Lord Hodge, Lord Lloyd-Jones, Lord Kitchin, Lord Sales

Citations:

[2020] UKSC 11, [2020] ILPr 25, [2021] AC 493, [2020] 3 All ER 907, [2020] 2 WLR 919, [2020] 1 CLC 887, [2020] Lloyd’s Rep IR 274, [2020] Ch 193, [2020] WLR(D) 206, [2020] 1 Lloyd’s Rep 520, UKSC 2018/0230

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary video, SC 2019 Niov 04 am video, , SC 2019 Nov 5 am Video, SC 2019 Nov 5 pm Video

Jurisdiction:

England and Wales

Citing:

At first Instance – Aspen Underwriting Ltd and Others v Credit Europe Bank Nv ComC 1-Dec-2017
. .
Appeal from – Aspen Underwriting Ltd and Others v Credit Europe Bank Nv CA 21-Nov-2018
. .
At First Instance – Aspen Underwriting Ltd and Others v Kairos Shipping Ltd and Others ComC 27-Jul-2017
. .
Lists of cited by and citing cases may be incomplete.

Transport, Insurance

Updated: 11 October 2022; Ref: scu.649483

The Scottish Equitable Life Assurance Society v Buist: HL 18 Feb 1878

Held (aff. judgment of the Court of Session, and referring as a precedent to Anderson v. Fitzgerald, 4 Clark and Finnelly’s House of Lords Gases, 484) that it was no bar to an insurance company pursuing assignees of a policy of insurance for reduction thereof on the ground of wilful fraud and misrepresentation by the insured as to his habits and state of health, that certain of the officers of the company, after acceptance of the proposal and before the death of the insured, had suspicion as to his habits, but made no inquiry and gave no intimation to the assignees till after his death.

Judges:

Lord Hatherley, Lord Blackburn, and Lord Gordon

Citations:

[1878] UKHL 386, 15 SLR 386

Links:

Bailii

Jurisdiction:

Scotland

Insurance

Updated: 08 October 2022; Ref: scu.646299

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 against findings that some policies, those which insured against injury ‘sustained’ during the policy period, as opposed to those policies which covered injury ‘contracted’ during the policy period, liability only at the stage when injury was manifested.
Held: The insurers’ appeals failed.
In construing the policies the court should look at them as a whole, and not concentrate exclusively on individual words and phrases in isolation. Section 1 of the 1969 Act was also a clear guide n favour of requiring insurance on a causation basis. The word ‘contracted’ looked to the causation of a disease, rather than its later development or manifestation. ‘Contracted’ in the context of disease looks to the initiating or causative factor of the disease. Although ‘sustained’ might at first be taken to refer to the injury becoming apparent, the underlying purpose of Employers’ Liability insurances looks to the initiation or causation of the accident or disease which injured the employee, and therefore a disease might properly be said to have been ‘sustained’ by an employee in the period when it was caused or initiated, even though it only developed or manifested itself later.
For these policies, the negligent exposure of an employee to asbestos during the policy period had a sufficient causal link with the subsequently arising mesothelioma to trigger the insurer’s obligation to indemnify the employer.

Judges:

Lord Phillips, President, Lord Mance, Lord Kerr, Lord Clarke, Lord Dyson

Citations:

[2012] UKSC 14, 125 BMLR 137, [2012] PIQR P14, [2012] 1 WLR 867, [2012] 2 All ER (Comm) 1187, [2012] 3 All ER 1161, [2012] Lloyd’s Rep IR 371, [2012] ICR 574, UKSC 2011/0031

Links:

Bailii, Bailii Summary, SC Summary, SC

Statutes:

Third Party (Rights against Insurers) Act 1930, Employers’ Liability (Compulsory Insurance) Act 1969, Compensation Act 2009 3

Jurisdiction:

England and Wales

Citing:

Contrasted – Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
At first instance – Employers’ Liability Policy ‘Trigger’ Litigation; Durham v BAI (Run off) Ltd etc QBD 21-Nov-2008
The court heard six claims against companies restored to the register of companies to make claims under their insurance policies for personal injury in the form of death from mesothelioma from asbestos, and particularly whether liability could be . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited – Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
Cited – Barker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
Appeal From – Employers’ Liability Insurance ‘Trigger’ Litigation, Re CA 8-Oct-2010
Companies restored to the register, and the personal representatives of former employees, appealed against rejection of their claims from the insurers of the former companies for damages from mesothelioma following exposure to asbestos during . .
Cited – 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 . .
Cited – In re T and N Ltd and Others (No 3) ChD 16-Jun-2006
The court considered the application of ‘the bankruptcy template of section 382 to the rules governing the winding up of companies’.
Held: The phrase ‘obligation incurred’ in Rule 13.2(1)(b) was inapt to describe a common law duty of care in . .

Cited by:

Cited – Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered.
Held: The Bill fell outside the legislative competence . .
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 . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 07 October 2022; Ref: scu.452846

United Marine Aggregates Ltd v GM Welding and Engineering Ltd and Another: TCC 2 Apr 2012

The building owner claimed for damage said to have been caused by the defendant contractor, who in turn sought an indemnity from its insurers, who denied liability claiming a breach of warranty.

Judges:

Edwards-Stuart J

Citations:

[2012] EWHC 779 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Insurance

Updated: 06 October 2022; Ref: scu.452426

Quinn Direct Insurance Ltd v The Law Society of England and Wales: ChD 23 Oct 2009

The defendant had intervened in a solicitors’ firm insured by the claimants. The claimants sought access to files and accounting records so that it could defend insurance claims. The defendant denied access to files other than those on which claims had been made.
Held: The claim failed. The claimant put two arguments.
Q said they were within the stautory regime for this purpose by virtue of the Rules. Scott J rejected this saying: ‘whilst there is a public interest in maintaining an insurance policy the purpose of the regulatory procedure is to enable the Law Society to regulate solicitors. There are many potential reasons for intervention or investigation which to do not affect insurance. There is not in my view a sufficient linkage between the clearly regulatory role of the Law Society to that of insurers to confer on the insurers an unfettered right to access to the solicitors documents. The Law Society is entitled to that access in its role as being a supervisory body of solicitors and to ensure compliance with the obligations as set out in the Solicitors Act 1974 and any subordinate rules arising thereunder. Not all concerns that arise under that will be matched with corresponding interest for the insurers. The whole purpose of the present application is not to exercise any kind of supervisory role in the conduct of the firm; it is merely an attempt to gather evidence for use to enable the Claimant to refuse an indemnity. Its purpose therefore is completely at odds with the regulatory role and in particular the insurers’ alleged role in it. The purpose of the application is to obtain documents in the expectation that material will be found so as to refuse an indemnity to Mr Ikoku. The public at large will therefore be worse off if the exercise is carried out as the Claimant believes it will be as there will be no indemnity.’
Q also claimed that the insurance contract gave them this right. Smith J denied this: ‘In my view when looking at the clause in its entirety clause 6.2 a) 4) is not a freestanding obligation to provide information [and] assistance whenever the insurer requires it. It is clear that when one looks at the clause as a whole the provision is dealing with an occurrence which might give rise to the likelihood of a claim. In that eventuality the obligations under 6.2(a)-(c) arise. Here there is no claim; the documents sought are where there has not yet been any claim. I am reinforced in that in my view by reference to the Court of Appeal in Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd (No 3) [2002] ECWA Civ 248. It is of course necessary to be cautious in having regard to a decision on the construction of a different document. What the Court of Appeal made clear however (see paragraphs 24-26 of the judgment of Mance LJ (as he then was)) is that the insured is only required to provide information to assist in a claim that is already made. An insured is not required to provide information solely for investigating whether or not a breach of the insured obligations can be established.’

Judges:

Peter Smith J

Citations:

[2009] EWHC 2588 (Ch), [2010] Lloyd’s Rep IR 336, [2010] Lloyd’s Rep PN 130

Links:

Bailii

Statutes:

Solicitors Act 1974, The Solicitors’ Indemnity Insurance Rules 2007

Jurisdiction:

England and Wales

Citing:

Cited – Gan Insurance Company Ltd v The Tai Ping Insurance Company Ltd (No 3) CA 1-Mar-2002
Tai Ping had placed facultative insurance with Gan. The substantial risks were re-insured through various agencies. When a claim arose it was repudiated alleging misrepresentation. Gan asserted that Tai Ping had failed to co-operate in the . .

Cited by:

Appeal From – Quinn Direct Insurance Ltd v The Law Society of England and Wales CA 14-Jul-2010
Q had provided professional indemnity insurance to a firm of solicitors in which the Law Society had intervened. Claims were made against the firm, but Q declined to pay, saying that the apparently fraudulent activities of the firm fell outside the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Insurance

Updated: 04 October 2022; Ref: scu.420762

In re the Financial Markets and Services Act 2000; WASA International (UK) Insurance Co Ltd and Another v WASA International Insurance Co Ltd (Sweden): ChD 10 Dec 2002

The court had made an order transferring the insurance business of the company. The question arose as to whether it also had the right to transfer the benefit of contracts of re-insurance, which could at common law, only be transferred by consent of the insurer.
Held: The Act contained the power in section 112 to make such orders even where the insured could not itself assign the contract.

Judges:

Park J

Citations:

Times 31-Dec-2002, [2002] EWHC 2784 (Ch)

Links:

Bailii

Statutes:

Financial Markets and Services Act 2000 111 112(2)(a)

Jurisdiction:

England and Wales

Insurance, Financial Services

Updated: 04 October 2022; Ref: scu.178707

Royal Sun Alliance Insurance Plc and Others: ChD 18 Dec 2008

Application for the sanction of the court for an insurance business transfer scheme involving the transfer of the general insurance business written through its branch in the Republic of Ireland, to a wholly owned subsidiary.

Judges:

Richards J

Citations:

[2008] EWHC 3436 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Insurance

Updated: 04 October 2022; Ref: scu.658985

Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd and Another: CA 15 Dec 2011

Judges:

lOngmore, Tomlinson LJJ, Sir Robin Jacob

Citations:

[2011] EWCA Civ 1570

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Teal Assurance Company Ltd v W R Berkley Insurance (Europe) Ltd and Another ComC 31-Jan-2011
The parties disputed the proper construction and the operation of an excess reinsurance policy of professional liability insurance, and more specifically about how it is determined whether the ‘excess point’ that triggers the reinsurance cover has . .

Cited by:

Appeal from – 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

Updated: 01 October 2022; Ref: scu.450056

Manchikalapati and Others v Zurich Insurance Plc (T/A Zurich Building Guarantee and Zurich Municipal) and Others: CA 5 Dec 2019

Appeal by a group of leaseholders against a decision that their claim under a structural defects insurance policy is limited to the total purchase price of their flats, disregarding the purchase prices of other flats in the block.

Citations:

[2019] EWCA Civ 2163

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Landlord and Tenant

Updated: 29 September 2022; Ref: scu.645547

Digital Satellite Warranty Cover Ltd v The Financial Services Authority: CA 29 Nov 2011

Parties appealed against on order for the winding up of the company. The Authority (FSA) had said that the company which supplied warranties to owners of digital receiver boxes were providing regulated insurance services, but that the companies were not registered. The warranties were for the repair and supply of parts only, and the company denied that the activity should be regulated.
Held: The company’s appeal failed.

Judges:

Patten LJ, Maurice Kay VP LJ, Aikens LJ

Citations:

[2012] 1 CLC 39, [2011] EWCA Civ 1413, [2012] 2 All ER (Comm) 38, [2012] Bus LR 990, [2012] Lloyd’s Rep IR 112

Links:

Bailii

Statutes:

Financial Services and Markets Act 2000, Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, First Council Directive 73/239/EEC, Council Directive 84/641/EEC

Jurisdiction:

England and Wales

Citing:

Appeal from – Re Digital Satellite Warranty Cover Ltd and Others ChD 31-Jan-2011
The Financial Services Authority sought public interest orders for the winding up of three companies selling, it said, extended warranty cover plans without authorisation. The companies said that authorisation was not required, since only services . .
Cited – Prudential Insurance Co v Inland Revenue Commissioners 1904
Contract for payment of sum on event
The Insurance company provided endowment insurance polices. They disagreed with the Commissioners as to whether these were policies of insurance and thus as to how they fell to be stamped. Life insurance was defined in the 1891 Act as ‘insurance . .
Cited – Card Protection Plan Ltd v Commissioners of Customs and Excise ECJ 25-Feb-1999
A company procuring insurance purchases for credit card protection was as exempt from VAT as was the insurer. A provision which restricted the ability to claim such exemption to those registered as insurers under national was invalid under European . .

Cited by:

Appeal from – Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority SC 13-Feb-2013
The appellants challenged an order for the dissolution of their company under the 2000 Acts. They had provided warranties for assorted consumer electrical goods which amounted to insurance, but said that they were not required to be registered under . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Financial Services, Insurance, European

Updated: 28 September 2022; Ref: scu.449032

Churchill Insurance Company Ltd v Wilkinson and Another: ECJ 6 Sep 2011

ECJ (Approximation of Laws) Insurance against civil liability in respect of the use of motor vehicles – Victim of a road traffic accident who was a passenger in a vehicle in respect of which he was insured as an authorised driver – Vehicle driven by an uninsured person

Citations:

[2011] EUECJ C-442/10, C-442/10, [2011] EUECJ C-442/10

Links:

Bailii, Bailii

Cited by:

Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Lists of cited by and citing cases may be incomplete.

European, Insurance, Road Traffic

Updated: 19 September 2022; Ref: scu.444094

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

New Cap Reinsurance Corporation Ltd and Another v Grant and Others: CA 9 Aug 2011

The court was asked whether Mr Gibbons, liquidator of New Cap Reinsurance Corporation Ltd (New Cap), could enforce in England an order which provided, among other things, for the payment of sums of money by the Defendants to New Cap, which he obtained in the courts of New South Wales.

Judges:

Mummery, Lloyd, McFarlane LJJ

Citations:

[2011] EWCA Civ 971, [2012] Ch 538, [2011] BPIR 1428, [2012] 2 WLR 1095, [2012] Bus LR 772, [2011] BCC 937, [2012] 1 All ER 755, [2011] CP Rep 48, [2012] 1 All ER (Comm) 1207

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – In re New Cap Reinsurance Corporation Ltd ChD 15-Mar-2011
. .

Cited by:

Appeal from – Rubin and Another v Eurofinance Sa and Others SC 24-Oct-2012
The Court was asked ‘whether, and if so, in what circumstances, an order or judgment of a foreign court . . in proceedings to adjust or set aside prior transactions, eg preferences or transactions at an undervalue, will be recognised and enforced in . .
Lists of cited by and citing cases may be incomplete.

Insurance, Insolvency

Updated: 17 September 2022; Ref: scu.442621

Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd: ComC 26 Oct 2010

The court considered the effect of an order under the 2008 Act on a contract of insurance between the parties.

Judges:

Beatson J

Citations:

[2010] EWHC 2661 (Comm)

Links:

Bailii

Statutes:

Counter-Terrorism Act 2008

Jurisdiction:

England and Wales

Crime, Insurance

Updated: 15 September 2022; Ref: scu.425563

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

Samsoondar v Capital Insurance Company Ltd: PC 14 Dec 2020

(From the Court of Appeal of the Republic of Trinidad and Tobago) ‘retrospectivity of a judicial interpretation of a statute, which overturned a previous judicial interpretation, and, in the light of that, there are questions on contractual interpretation and on the compulsory or mistaken discharge of another’s legal liability in the law of unjust enrichment.’

Judges:

Lord Lloyd-Jones, Lord Briggs, Lady Arden, Lord Leggatt, Lord Burrows

Citations:

[2020] UKPC 33

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Equity, Contract

Updated: 12 September 2022; Ref: scu.659463

Heath Lambert Limited v Sociedad De Corretaje De Seguros, Banesco Seguros Ca: CA 25 Jun 2004

Out of various claims under insurances, one claim, for the payment of a premium on a policy of reinsurance remained. It provided that it was payable 90 days after the contract and in cash.
Held: The words indicated that the obligation to pay began not with the contract but after the expiry of the 90 day period. Accordingly, the limitation period ran from that time, and the claim remained live.

Judges:

Lord Justice Clarke Lord Justice Wall Lord Phillips Of Worth Matravers, Mr

Citations:

[2004] EWCA Civ 792, Times 02-Jul-2004, [2005] 1 All ER 225, [2004] 1 WLR 2820

Links:

Bailii

Statutes:

Marine Insurance Act 1906 53(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Heath Lambert Ltd v Sociedad De Corretaje De Seguros and Another ComC 14-Oct-2003
. .

Cited by:

Appealed to – Heath Lambert Ltd v Sociedad De Corretaje De Seguros and Another ComC 14-Oct-2003
. .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Limitation, Insurance

Updated: 11 September 2022; Ref: scu.198413