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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: 1994 To: 1994

This page lists 19 cases, and was prepared on 08 August 2015.

 
Toomey -v- Eagle Star Insurance Co Ltd [1994] 2 Lloyd's Rep 516
1994
CA
Hobhouse LJ
Insurance, Contract
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."
1 Cites

1 Citers


 
re Thomas Christy Limited [1994] 2 BCLC 527
1994
ChD
Mr Justice Jacob
Estoppel, Insurance
Findings by a Lloyds' disciplinary committee could not give rise to an issue estoppel in later court proceedings.
1 Citers


 
The Marel [1994] 1 Lloyd's Law Rep 624
1994
CA
Dillon LJ
Insurance

1 Citers


 
Regina -v- Insurance Ombudsman Bureau and Another Ex Parte Aegon Life Assurance Ltd Times, 07 January 1994; Independent, 11 January 1994
7 Jan 1994
QBD

Insurance, Judicial Review
Insurance Ombudsman is a voluntary scheme, depending upon contractual consent, and so is not judicially reviewable.

 
Society of Lloyds -v- Clementson, Same -v- Mason Times, 11 January 1994; [1995] CLC 117
11 Jan 1994
ComC

Insurance, Contract
An undertaking given on joining Lloyds is a sufficiently binding contract.
1 Cites

1 Citers


 
Caudle and Others -v- Sharp; Grove -v- Sharp Times, 08 March 1994
8 Mar 1994
QBD

Negligence, Insurance
A continuing failure to investigate the risks of re-insurance was properly to be consideerd one event.
1 Cites

1 Citers


 
Woolwich Building Society -v- Taylor and Another Times, 17 May 1994; [1995] 1 BCLC 132
17 May 1994
ChD
Lindsay J
Insolvency, Insurance
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 had incurred did not arise until the liability had been ascertained by judgment, award or agreement. Since it was impossible to know whether a right had been transferred until such judgment award or agreement had occurred, no information could reasonably be required, before such judgment award or agreement, "for the purpose of ascertaining whether any rights have been transferred or vested" in the claimant by the Act.
Third Parties (Rights Against Insurers) Act 1930 2
1 Citers


 
Malhi -v- Abbey Life Assurance Co Ltd Ind Summary, 04 July 1994; Times, 02 June 1994
2 Jun 1994
CA

Insurance
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.

 
Simner -v- New India Assurance Co Ltd Times, 21 July 1994
28 Jun 1994
QBD
Judge Diamond QC
Insurance
A proposed assured had no duty to disclose or enquire as to facts which were not within his knowledge at the time when he applied for insurance, but his duty did extend to matters which it would normally within his purview to know.
Marine Insurance Act 1906 17 18 19

 
Fuji Finance Inc -v- Aetna Life Insurance Ltd and Another Gazette, 11 January 1995; Independent, 15 September 1994; Times, 21 July 1994
21 Jul 1994
ChD

Insurance
A contract was not a life insurance policy if the same sum was payable on death as on a surrender.
Life Assurance Act 1774 1

 
Hill and Another -v- Mercantile and General Reinsurance Co Plc Times, 25 July 1994
25 Jul 1994
CA

Insurance
Re-insurers are bound by 'follow settlement' clause where the claim is within the risks covered.
1 Citers



 
 Pan Atlantic Insurance Co Ltd and Another -v- Pine Top Insurance Co Ltd; HL 27-Jul-1994 - Times, 27 July 1994; Independent, 04 August 1994; Gazette, 07 October 1994; [1995] 1 AC 501; [1994] 3 All ER 581; [1994] 2 Lloyds Rep 427; [1994] 3 WLR 677
 
L'Alsacienne Premiere Societe Alsacienne et Lorraine D'Assurances Contre L'Incendie Les Accidents et Les Risques Divers -v- Uni Storebrand International Insurance AS & Anotherr Unreported 29 July 1994
29 Jul 1994
ComC
Rix J
Insurance
Insurance - reinsurance - misrepresentation of the portfolio, Insurance - reinsurance - non-disclosure of unusual and material contracts - stop loss contracts - Insurance - reinsurance - repudiatory breach - failure to assist in claim against reinsurer.

 
Trade Indemnity Plc and Others -v- Forsakringsaktiebolaget Njord Times, 04 August 1994
4 Aug 1994
QBD

Insurance
A pre-contractual obligation is not an obligation under s5.1 of the Convention.
Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988 5.1

 
Diggens and Another -v- Sun Alliance and London Insurance Plc Ind Summary, 22 August 1994
22 Aug 1994
CA

Insurance
An insurance company is to plead and prove fraud by a claimant precisely, but having done so may then avoid payment under the policy.

 
Deeny and Others -v- Gooda Walker Ltd (In Voluntary Liquidation) and Others Times, 07 October 1994; Independent, 05 October 1994
5 Oct 1994
QBD

Professional Negligence, Insurance
Names at Lloyds could reasonably expect due skill and care to be exercised in the choice of risks accepted on their behalf by underwriters. Incompetence in the writing of 'excess of loss' business gave rise to claim for negligence.

 
In Re NRG Victory Reinsurance Ltd Times, 08 November 1994
8 Nov 1994
ChD

Insurance
Pure re-insurance company is doing 'insurance business' for the purposes of the Act.
Insurance Companies Act 1982

 
Society of Lloyd's -v- Clementson and Another Times, 16 November 1994; Independent, 11 November 1994
11 Nov 1994
CA

European, Insurance
It was arguable that a central insolvency fund created to manage the Lloyd's liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty.
EC Treaty Article 5
1 Cites

1 Citers


 
Regina -v- Chairman of Regulatory Board of Lloyds Ltd Ex Parte Macmillan and Another Times, 14 December 1994
14 Dec 1994
QBD

Insurance
A loss review was not halted for pending litigation. There was no unity of issues.

 
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