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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: 1996 To: 1996

This page lists 36 cases, and was prepared on 08 August 2015.


 
 Unipac (Scotland) Ltd -v- Aegon Insurance Co (UK) Ltd; SCS 1996 - 1996 SLT 1197
 
Glengate-KG Properties Ltd -v- Norwich Union Fire Insurance Society Ltd and Others Ind Summary, 22 January 1996; Times, 12 January 1996; [1996] 1 Lloyd’s Rep 614
12 Jan 1996
CA
Auld LJ
Insurance
An architect's drawings were lost in a fire, and he sought to recover the losses arising from consequent delays. The phrase 'interest of the insured in property' refers to personal interest of the insured. Such loses through delay were not recoverable. “the nature of the insurable interest in each case must depend on the type of cover in issue".
1 Cites

1 Citers



 
 Marchant and Eliot Underwriting Ltd -v- Higgins; CA 12-Jan-1996 - Times, 12 January 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
 
Woolwich Building Society -v- Brown Ind Summary, 22 January 1996
22 Jan 1996
QBD

Insurance
Mortgage indemnity policies are for benefit of mortgagee not mortgagor.

 
Dhak -v- Insurance Company of North America (Uk) Ltd Independent, 20 February 1996; Times, 08 February 1996; [1996] 1 WLR 936
8 Feb 1996
CA

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


 
Standard Indemnity Owners' Protection and Indemnity Association (Bermuda) Ltd -v- Oceanfast Shipping Ltd & Another Unreported, 07 March 1996
7 Mar 1996
ComC
Mance J
Insurance
ComC Insurance - avoidance of contract of insurance - negligence in presentation of claim


 
 Lancashire County Council -v- Municipal Mutual Insurance Ltd; CA 3-Apr-1996 - Gazette, 05 June 1996; Times, 08 April 1996; [1997] QB 897; [1996] EWCA Civ 1345
 
Lloyd's Litigation: Report On Progress and Management Times, 05 April 1996
5 Apr 1996
QBD
Justice Cresswell
Insurance
Description of current status of various strands of LLoyd's litigation, explaining where each of the six groups of actions had got to.

 
Society of Lloyd's -v- Clementson (No 2) Times, 14 May 1996
14 May 1996
QBD

Insurance, European
Lloyd's Central fund byelaw doesn't affect international trade; no EU law breach.
ECTreaty 85

 
Europe Mortgage Company -v- Halifax Estate Agencies Times, 23 May 1996
23 May 1996
QBD

Insurance
Benefit of Mortgage indemnity insurance not set off against negligent valuation.


 
 Charter Reinsurance Co Ltd -v- Fagan and Others; HL 24-May-1996 - Times, 24 May 1996; [1996] 1 All ER 406; [1996] 3 All ER 46; [1996] 2 WLR 726; [1996] 2 Lloyds Rep 113; [1997] AC 313
 
Insurance Corporation of the Channel Islands Ltd & Another -v- Charles Joseph McHugh & Another [1997] LRLR 94; [1998] Lloyd's Rep IR 151
1 Jul 1996
ComC
Mance J
Insurance
ComC Insurance - Marine Insurance Act 1906 - common law - duty not to make fraudulent claims - contractual provision - Conspiracy - injury by unlawful means - intention - combination - breach of duty - right to avoid
Marine Insurance Act 1906
1 Citers


 
Kausar -v- Eagle Star Insurance Co Ltd Times, 15 July 1996
15 Jul 1996
CA

Insurance
Contract condition merely re-stated common law position and did not limit it.

 
Fuji Finance Inc -v- Aetna Life Insurance Ltd and Another Times, 15 July 1996
15 Jul 1996
CA

Insurance
A policy which paid out the same amount on surrender as on death, was still life assurance.
Life Assurance Act 1774 1

 
Kelly -v- Blue Band Motors Times, 18 July 1996
18 Jul 1996
CA

Insurance
Insurers are entitled to reject claim not pursued for long time and assumed dead.

 
Regina -v- Wilson (Rupert) Gazette, 25 September 1996; Times, 14 August 1996
14 Aug 1996
CACD

Insurance, Crime
The offence of carrying on an unauthorised insurance business offence was committed by the making of the offer of insurance. An invitation to treat, short of a contract, was sufficient.
Insurance Companies Act 1982 2(1)

 
Hill and Others -v- Mercantile and General Reinsurance Co Plc; Berry and Others -v- Same Gazette, 25 September 1996; Times, 15 August 1996; [1996] 1 WLR 1239
15 Aug 1996
HL
Lord Mustill
Insurance
Liability under reinsurance was not invalidated by a compromise including other claims. The parties to reinsurance contracts could set their own ways of proving the loss within a contract. A Full Reinsurance Clause is not binding in respect of any cover, or any exclusion of cover, not included in the reinsurance or otherwise in the retrocession. A reinsurer cannot be held liable unless the loss falls within the cover of the underlying insurance contract and within the cover created by the reinsurance
Lord Mustill said that a 'follow the settlements' provision is to be interpreted against the background of two rules: "First, that the reinsurer cannot be held liable unless the loss falls within the cover of the policy reinsured and within the cover created by the reinsurance. Second, that the parties are free to agree on ways of proving whether these requirements are satisfied. Beyond this, all problems come from the efforts of those in the market to strike a workable balance between conflicting practical demands and then to express the balance in words.
These practical demands can be seen most easily in the context of traditional reinsurance, where the party reinsured is the insurer under a contract made directly with the person whose property or other interest is at risk. Two impulses act in opposite directions. The first is to avoid the investigation of the same issues twice; and, moreover, an investigation on the second occasion by a reinsurer whose knowledge of what happened when the risk was written, and whose facility for investigating the claim, are inferior to those of the direct insurer. The second impulse, acting in the other direction, is to ensure that the integrity of the reinsurer's bargain is not eroded by an agreement over which he has had no control.
This conflict is quite easily managed when the insurance and the reinsurance are on the same terms and where the parties are essentially co-adventurers; for example, in participatory reinsurance, or facultative reinsurance with a large retention. Here, the interests of the direct insurers and the reinsurers are broadly the same, and it is not imprudent for the reinsurers to put themselves unconditionally in the hands of the reinsured for the settlement of claims which will be passed on to them. The problems are more acute when ... the terms of the successive policies are not the same ... For example, in the former case it may well happen that a claim under the direct policy does not require the determination of issues which are crucial to liability under the reinsurance: as happened in the "constructive total loss" cases like Chippendale v Holt, (1895) 1 Com. Cas. 197; and indeed in the present case where there can be no doubt that the loss, whatever exactly it was, fell within the direct contracts, whereas this was not necessarily the case under the reinsurances."
1 Cites

1 Citers


 
Yorkshire Water Services Ltd -v- Sun Alliance and London Insurance Plc and Others (1) Gazette, 18 September 1996; Times, 20 August 1996; [1997] 2 Lloyds Rep 21
20 Aug 1996
CA
Stuart-Smith LJ
Insurance
The court was asked whether the costs of flood alleviation works were recoverable under public liability insurance policies. Held: A claim for the costs of remedial action taken to mitigate future losses were not covered by the terms of the insurance policy. The court considered the relevance of American cases. Stuart-Smith LJ said: "the American Courts adopt a much more benign attitude towards the insured; this seems to be based variously on the "folly" argument in Leebov or "general principles of law and equity" or that insurance contracts are: "contracts of adhesion between parties who are not equally situated" giving rise to the principle: . . that doubts as to the existence or extent of coverage must generally be resolved in favour of insured . . or because the Courts have . . adopted the principle of giving effect to the objectively reasonable expectations of the insured for the purpose of rendering a "fair interpretation" of the boundaries of insurance cover." As to the construction of contracts of insurance: "1. The words of the policy must be given their ordinary meaning and reflect the intention of the parties and the commercial sense of the agreement. Thus they must be construed in their context . . 2. A literal construction that leads to an absurd result or one otherwise manifestly contrary to the real intention of the parties should be rejected, if an alternative more reasonable construction can be adopted without doing violence to the language used. 3. In the case of ambiguity the construction which is more favourable to the insured should be adopted; this is the contra proferentem rule."
1 Cites

1 Citers


 
AXA Reinsurance (UK) Plc -v- Field Times, 02 July 1996; Gazette, 12 September 1996; [1996] 1 WLR 1026; [1996] 3 All ER 517; [1996] 2 Lloyd's Rep 233; [1996] 5 Re L R 184; [1996] CLC 1169; (1996) 146 NLJ 1093; Times, 02 July 1996
12 Sep 1996
HL
Mustill L
Insurance, Insurance
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 insurances between themselves eventually exhausted the cover, leaving none. Many members sued their underwiters, and the question was how the losses should be aggregated, the policies referring to losses arising 'out of one event'. Held: An 'originating event' is a one off, event, and is neither a continuous event, nor the same as a 'cause'. The expressions were different. The word 'originating' had been chosen to widen up the meaning to look out for one underlying and unifying factor. The claims could be aggregated.
1 Cites

1 Citers


 
AXA Reinsurance (UK) Plc -v- Field Times, 02 July 1996; Gazette, 12 September 1996; [1996] 1 WLR 1026; [1996] 3 All ER 517; [1996] 2 Lloyd's Rep 233; [1996] 5 Re L R 184; [1996] CLC 1169; (1996) 146 NLJ 1093; Times, 02 July 1996
12 Sep 1996
HL
Mustill L
Insurance, Insurance
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 insurances between themselves eventually exhausted the cover, leaving none. Many members sued their underwiters, and the question was how the losses should be aggregated, the policies referring to losses arising 'out of one event'. Held: An 'originating event' is a one off, event, and is neither a continuous event, nor the same as a 'cause'. The expressions were different. The word 'originating' had been chosen to widen up the meaning to look out for one underlying and unifying factor. The claims could be aggregated.
1 Cites

1 Citers



 
 Aarons and Others -v- Arthur Andersen and Another; Arbuthnot and Others -v- WMD Underwriting etc; QBD 8-Oct-1996 - Times, 08 October 1996
 
Lloyd'S Litigation: Outstanding Cases Times, 08 October 1996
8 Oct 1996
QBD

Insurance
All involved in litigation were requested to clarify stages of settlement of cases.

 
Lloyd's Premiums Trust Deeds of In the Outhwaite Proceedings Made With Their Respective Members' Agents, and With the Society Incorporated By Lloyd's Act 1871 By the Name of Lloyd's Right Honourable Franci [1996] EWCA Civ 796
24 Oct 1996
CA

Insurance

[ Bailii ]
 
Mohammed -v- G H Cook Grosvenor Byde Limited [1996] EWCA Civ 810
25 Oct 1996
CA

Insurance, Agency

[ Bailii ]
 
Re-Al Engineering Limited -v- AGFf Insurance Limited [1996] EWCA Civ 822
29 Oct 1996
CA

Insurance, Litigation Practice
Application for Leave to Appeal.
[ Bailii ]
 
Kingscroft Insurance Company Limited, Walbrook Insurance Company Limited etc -v- The Nissan Fire & Marine Insurance Company Limited [1996] EWCA Civ 903
7 Nov 1996
CA

Insurance

[ Bailii ]
 
Napier and Eltrick (Lord) and Another -v- R F Kershaw Ltd and Others; Etc Times, 07 November 1996
7 Nov 1996
CA

Insurance
Sums recovered in Lloyd's litigation were to be used to set off debts under deed.

 
Lloyd'S Litigation: Outstanding Cases (No 2) Times, 08 November 1996
8 Nov 1996
QBD

Insurance
Warning for all outstanding Lloyds' litigation cases on costs implications given.

 
Shoshana Stern -v- Norwich Union Fire Insurance Society [1996] EWCA Civ 978
15 Nov 1996
CA

Insurance
Insurance company refusing to pay, relying on clause requiring insured to keep jewellery in personal control or in safe.
[ Bailii ]
 
Murphy, and Murphy -v- Young & Co's Brewery Plc, Sun Alliance & London Insurance Plc Times, 08 January 1997; [1996] EWCA Civ 1000; [1997] 1 All ER 518; [1997] 1 WLR 1591
20 Nov 1996
CA
Phillips LJ
Costs, Insurance
When an unsuccessful party has had its legal costs funded under legal expenses insurance, should the insurer be held liable to pay the successful party's costs? The insurer had not instigated the litigation, nor controlled it, and could not be accused of "wanton and officious intermeddling". The insurance was general and did not relate to this particular litigation. A costs order would be inappropriate. "Funding alone will not justify an order against the funder under section 51. I do not consider that an order under section 51 will normally be appropriate where a disinterested relative has, out of natural affection, funded costs of a claim or a defence that is reasonably advanced."
Supreme Court Act 1981 51
1 Cites

1 Citers

[ Bailii ]
 
Stuart Richard Cutter -v- Eagle Star Insurance Company Limited Times, 03 December 1996; [1996] EWCA Civ 1029; [1997] 1 WLR 1082
22 Nov 1996
CA

Road Traffic, Insurance
The concept of a 'Road' under the Act includes areas of a public car park marked out for the use of vehicles.
Road Traffic Act 1988 192
1 Cites

1 Citers

[ Bailii ]
 
Stavros Constantinou -v- Aegon Insurance Company (Uk) Limited; Colin R Stevenson and Stevenson Price Insurance Brokers Limited [1996] EWCA Civ 1062
28 Nov 1996
CA

Insurance, Litigation Practice

[ Bailii ]
 
Clarence Roy Hill (Suing on her Own Behalf and on Behalf of All Other Members of Syndicates 186 and 193 -v- Citadel Insurance Company Limited and Citadel Reinsurance Company Limited [1996] EWCA Civ 1109
5 Dec 1996
CA

Insurance

[ Bailii ]
 
Robson -v- S Marriott Guardian Insurance Limited [1996] EWCA Civ 1181
11 Dec 1996
CA

Road Traffic, Insurance

[ Bailii ]
 
Aldridge Estates Investments Co Ltd -v- McCarthy and Others Times, 11 December 1996
11 Dec 1996
QBD

Insurance
Buildings policy avoided when the rate of un-occupancy and the existence of squatters had not been disclosed.


 
 Glencore International Ag and Another -v- Portman and others; CA 13-Dec-1996 - [1996] EWCA Civ 1206
 
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