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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Insurance - From: 1993 To: 1993

This page lists 15 cases, and was prepared on 08 August 2015.

 
Pan Atlantic Insurance Co Ltd and Another -v- Pine Top Insurance Co Ltd [1993] 1 Lloyd's Rep 49
1993
CA
Steyn L
Insurance
Steyn LJ said that "avoidance for non-disclosure is the remedy provided by law because the risk presented is different from the true risk. But for the non-disclosure the prudent underwriter would have appreciated that it was a different . . risk"
1 Citers


 
The Society of Lloyds -v- CIB [1993] 2 LL Rep 579
1993

Saville J
Insurance

1 Citers


 
Morley and Morley -v- United Friendly Insurance Plc [1993] 1 Lloyd’s Rep 490
1993
CA

Insurance

1 Citers


 
Nigel Upchurch Associates -v- The Aldridge Estates Investment Co Ltd [1993] 1 Lloyd's Rep. 535
1993

Miss Barbara Dohmann QC
Insurance

1 Citers


 
Smith -v- Clerical Medical and General Life Assurance Society [1993] 1 FLR 47
1993
CA

Insurance

1 Citers


 
Lord Napier & Ettrick and Another -v- Hunter and Others; Same -v- R F Kershaw Ltd Gazette, 03 March 1993; [1993] AC 713
3 Mar 1993
HL
Lord Templeman
Insurance, Legal Professions
Stop loss insurers can prevent payment out before a payment by subrogation.
Marine Insurance Act 1906
1 Cites

1 Citers


 
Lonsdale & Thompson Ltd -v- Black Arrow Group Plc and Another Gazette, 17 March 1993
17 Mar 1993
ChD

Insurance
Insurers were liable to Landlords for reinstatement not withstanding sale.

 
Harbour Assurance Co (Uk) Ltd -v- Kansa General International Insurance Co Ltd Gazette, 07 April 1993; [1993] 1 QB 701; [1993] 1 Lloyd's Law Reports 455
7 Apr 1993
CA
Ralph Gibson LJ, Hoffmann LJ
Arbitration, Insurance
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."
Arbitration Act 1979 1
1 Cites

1 Citers


 
Morley -v- United Insurance Plc Gazette, 21 April 1993
21 Apr 1993
CA

Insurance
'wilful exposure to needless peril' requires conscious risk taking.

 
Eagle Star Insurance Co Ltd -v- Provincial Insurance Plc Times, 09 June 1993; [1994] 1 AC 130
9 Jun 1993
PC

Insurance, Commonwealth
Both insurance companies were liable to contribute equally to an amount payable to a third party. The doctrine of contribution could be modified by contract and the matter should be considered by reference to the parties' contractual liabilities.
1 Cites

1 Citers



 
 Society of Lloyd's -v- Morris and Others; CA 21-Jun-1993 - Ind Summary, 21 June 1993

 
 Scher and Others -v- Policyholders Protection Board and Others Ackman -v- Same; HL 1-Sep-1993 - Independent, 16 July 1993; Times, 16 July 1993; Gazette, 01 September 1993; Gazette, 19 January 1994; [1994] 2 AC 57
 
Arbuthnot and Others -v- Feltrim and Others; Deeny and Others -v- Gooda Walker Ltd and Others Independent, 01 October 1993; Times, 20 October 1993
12 Oct 1993
QBD
Saville J
Contract, Insurance, Professional Negligence
Lloyds' names sought damages from their underwriting agents for negligence. The court had to decide as a preliminary issue whether any duty of care arose to the names. Held: Until 1990, names signed an agreement with a member's agent who in turn arranged for them to be served by an underwriting agency, who, and again in turn, wrote insurance business on their behalf. Some members combined these two functions and were known as 'direct' names, and others were known as 'indirect' names. The underwriting agents had absolute discretion as to what business was to be written, and could appoint sub-agents. This very wide discretion and the unlimited liability of names and payments made to underwriters, required the underwriters to exercise a duty to exercise reasonable care and skill. That could only be excluded by the clearest of contracts. Contractual obligations might replace common law duties of care, but in this case these obligations for direct names were identical. For indirect names, the obligation existed in negligence only. This case did not require any extension of the law of negligence. Any delegation to managing agents did not alter the implicit promise to members.
1 Citers



 
 Criminal proceedings against Ohra Schadeverzekeringen; ECJ 17-Nov-1993 - C-245/91; [1993] EUECJ C-245/91

 
 Siu Yin Kwan and Another -v- Eastern Insurance Co Ltd; PC 16-Dec-1993 - Gazette, 02 February 1994; Times, 16 December 1993; [1994] 2 AC 199
 
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