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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: 1997 To: 1997

This page lists 66 cases, and was prepared on 08 August 2015.


 
 Layher Ltd -v- Lowe and Others; CA 8-Jan-1997 - Times, 08 January 1997; [1996] EWCA Civ 1231; [2000] Lloyd's IR 510
 
Crystal Eye Management (Pty) Limited -v- Entertainment Guarantees Limited and Victor William Broad [1997] EWCA Civ 773
15 Jan 1997
CA
Lord Justice Leggatt Lord Justice Pill Lord Justice Ward
Insurance
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.
Third Parties (Rights Against Insurers) Act 1930
1 Cites

[ Bailii ]
 
Haydon and Others -v- Lo & Lo (A Firm) and Another Times, 23 January 1997; [1997] UKPC 2
23 Jan 1997
PC
Lord Goff of Chieveley, Lord Griffiths, Lord Lloyd of Berwick, Lord Hope of Craighead, Sir Christopher Slade
Insurance, Commonwealth
A claim was made under a professional indemnity policy. The solicitors' clerk had through a series of frauds embezzled some HK$50m. The insurers said that this was one claim, and that their liability was limited to the maximum under the policy. The question was whether this was 'one claim' or a series of claims. Held: The phrase referred to the claim as directed against the firm by the client who had lost out, and not to the several acts of appropriation by the clerk. "it is the underlying facts which are determinative, and . . . the formulation of the claim by the third party cannot be decisive of an insurer's liability, whether for the purpose of calculating the deductible, or for any other purpose. "
(Hong Kong)
1 Cites

[ Bailii ]
 
Manifest Shipping Co Ltd -v- Uni-Polaris Shipping Co Ltd and Another Times, 23 January 1997; [1996] EWCA Civ 1279
23 Jan 1997
CA

Insurance
The results which would follow from a fraudulent insurance claim should not to be extended similarly to follow from culpable non-disclosure in the absence of fraud.
[ Bailii ]
 
Colin Baker (Syndicate 126 at Lloyd's In 1982) -v- Lombard Continental Insurance Plc and Jardine Thompson Graham [1997] EWCA Civ 839
24 Jan 1997
CA

Insurance

[ Bailii ]

 
 Power -v- Provincial Insurance; CA 18-Feb-1997 - [1997] EWCA Civ 1037
 
Society of Lloyd's -v- D Leighs & Others; Society of Lloyd's -v- D Wilkinson & Others [1997] CLC 759; [1997] 6 Re LR 214
20 Feb 1997
ComC
Colman J
Insurance
ComC Lloyd's Litigation - issues relating to recovery from names
1 Citers


 
Power -v- Provincial Insurance Plc Times, 27 February 1997
27 Feb 1997
CA

Insurance
Driving licence endorsement not a penalty for rehabilitation/disclosure purposes.
Rehabilitation of Offenders Act 1974

 
Pride Valley Foods Limited -v- Independent Insurance Company Limited and Lombard General Insurance Company Limited [1997] EWCA Civ 1118
27 Feb 1997
CA

Insurance
Application for leave to appeal.
[ Bailii ]
 
Royal Boskalis Westminster NV and others -v- Trevor Rex Mountain and others [1997] EWCA Civ 1140; [1999] QB 674; [1998] 2 WLR 538; [1997] 2 All ER 929; [1997] LRLR 523
28 Feb 1997
CA
Stuart-Smith LJ
Insurance
Effect of illegality on a contract.
1 Cites

1 Citers

[ Bailii ]
 
Cambridge -v- Callaghan and Motor Insurers' Bureau [1997] EWCA Civ 1212
11 Mar 1997
CA

Road Traffic, Personal Injury, Insurance

[ Bailii ]
 
Credit Lyonnais -v- New Hampshire Insurance Company [1997] EWCA Civ 1218; [1997] 2 Lloyd’s Rep 1
12 Mar 1997
CA

Jurisdiction, Insurance

1 Citers

[ Bailii ]
 
William John Ham -v- Somak Travel Ltd -v- Somak Travel Ltd (Kenya) and Economic Insurance Co Ltd and Corks Bay and Fisher Ltd [1997] EWHC Admin 258
12 Mar 1997
Admn

Insurance, Consumer
The claimant purchased a holiday in Kenya from the defendants. Whilst there he was injured in a hot air balloon flight, and claimed on his insurance.
1 Citers

[ Bailii ]
 
Power -v- Provincial Insurance Plc Gazette, 19 March 1997
19 Mar 1997
CA

Insurance
Expired driving ban was spent after five years for application for insurance.
Rehabilitation of Offenders Act 1974 1(3)

 
State of the Netherlands -v- John Richard Ludbrooke Youell & Another Unreported, 20 March 1997
20 Mar 1997
ComC
Rix J
Insurance
ComC Marine insurance - joint and composite insurance - distinction - relevance of subrogation - pervasive interests of co-assured - no bar to composite status - voluntary payment - relevance of wilful misconduct - application to co-assured - scope of policy - loss - wilful misconduct - fortuity - sue and labour - agency - causation
Marine Insurance Act 1906 55(2)(a) 78(4)
1 Cites

1 Citers


 
Promet Engineering (Singapore) Pte Ltd (Formerly Self-Elevating Platform Management Pte Limited) -v- Nicholas Colwyn Sturge and others (The Nukila) Times, 10 April 1997; [1997] EWCA Civ 1358; [1997] 2 Lloyds Rep 146
26 Mar 1997
CA
Hobhouse LJ
Insurance
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.
1 Cites

1 Citers

[ Bailii ]
 
Peninsular and Oriental Steam Navigation Company and others -v- John Richard Ludbrooke Youell (Representative Underwriter) and others Times, 01 April 1997; [1997] EWCA Civ 1356
26 Mar 1997
CA

Insurance
Sums 'to pay as damages... howsoever arising' included damages to passengers.
[ Bailii ]
 
Sonia Silverton -v- Vincent Goodall and Motor Insurance Bureau [1997] EWCA Civ 1363; [1997] PIQR 451
26 Mar 1997
CA
Sir Ralph Gibson
Road Traffic, Insurance, Personal Injury
Sir Ralph Gibson explained the historical development of the Motor Insurers Bureau describing it as "a novel piece of extra statutory machinery".
1 Citers

[ Bailii ]

 
 Sargent -v- GRE (UK) Limited; CA 16-Apr-1997 - Times, 25 April 1997; [1997] EWCA Civ 1414
 
Jeffrey Harry Cook -v- Financial Insurance Company Limited [1997] EWCA Civ 1428
17 Apr 1997
CA

Insurance

1 Citers

[ Bailii ]
 
Keppel Corporation Limited -v- Chase Manhattan Bank [1997] EWCA Civ 1452
18 Apr 1997
CA

Insurance

[ Bailii ]
 
Dharam Prakash Gopee -v- Sun Alliance and London Insurance Plc [1997] EWCA Civ 1460
21 Apr 1997
CA

Insurance

[ Bailii ]
 
Society of Lloyd's -v- D Leighs & Others; Society of Lloyd's -v- D Wilkinson & Others (No. 2) [1997] CLC 1012; [1997] 6 Re L.R. 214
23 Apr 1997
ComC
Colman J
Insurance
ComC Lloyd's Litigation - Misrepresentation, fraudulent - Rescission, restitutio in integrum - Rescission, effect on third parties' rights - Anti-set-off clauses, counterclaim for fraud - Pay now, sue later clauses, counterclaim for fraud - Lloyd's, membership, rescission - Misrepresentation Act 1967, Section 3, meaning - Stay of Execution, contractually excluded

 
Sphere Drake Insurance plc & Another -v- Basler Versicherungs-Gesellschaft; The Orion Insurance Company plc -v- Basler Versicherungs Gesellschaft & Anr (Consolidated actions) Unreported, 29/04/1997
29 Apr 1997
ComC
Moore-Bick J
Insurance
Insurance - agreement to limit liability - binding nature - discharge from further liability
1 Citers


 
Phillips -v- Society of Lloyd's Times, 09 May 1997
9 May 1997
QBD

Insurance
Those wishing to pursue challenge to the proposals for the Lloyd's litigation are to issue proceedings before May 16 1997.

 
Thomas O'Neill and Margarita O'Neill -v- Co-Operative Insurance Society Ltd [1997] EWCA Civ 1669
9 May 1997
CA

Insurance, Road Traffic

[ Bailii ]
 
New Hampshire Insurance Company and others -v- Phillips Electronics North America Corporation [1997] EWCA Civ 1727; [1998] CLC 1062
16 May 1997
CA
Phillips LJ
Jurisdiction, Insurance
In the context of applications for negative declarations: "1. There is power to grant a negative declaration in an appropriate case, the fundamental test being whether it would be useful. 2. However, careful scrutiny will be exercised not only to test the utility, or the futility, of seeking to determine the claim by means of a negative declaration in England, but also to ensure that inappropriate forum shopping is not allowed, let alone encouraged. 3. A negative declaration will not be appropriate where it is premature or hypothetical, viz where no claim has been made or threatened against the plaintiff. 4. The existence of imminent or a fortiori current foreign proceedings is always a highly relevant consideration, not only for the purpose of testing the utility of the English claim, but also so as to having in mind the need to avoid the twin dangers of forum shopping and of the vices of concurrent proceedings." England was the natural forum to resolve issues of construction of a policy which fell to be determined by English law, but those issues were to be dealt with first and discretely and if resolved in one way would obviate the need for any further trial.
1 Citers

[ Bailii ]
 
Kuwait Airways Corporation and Another -v- Kuwait Insurance Company Sak [1997] EWCA Civ 1745; [1997] 2 Lloyd's Rep 687
21 May 1997
CA

Insurance

1 Cites

1 Citers

[ Bailii ]

 
 Economides -v- Commercial Union Assurance Co Plc; CA 22-May-1997 - Times, 27 June 1997; [1997] EWCA Civ 1754; [1998] QB 587
 
Max Myer Kingsley -v- Independent Insurance Company Limited [1997] EWCA Civ 1769
23 May 1997
CA

Insurance

[ Bailii ]
 
Poole Harbour Yacht Club -v- Excess Insurance Company Ltd [2001] Lloyd's Rep. I.R. 580
13 Jun 1997
ComC
Thomas J
Insurance
Insurance - scope of indemnity in respect of costs of defending claims - cost of defending claim - requirement of consent of insurers

 
Society of Lloyd's -v- Colfox & Others [1998] Lloyd's Rep IR 186; [1997] CLC 1411
16 Jun 1997
ComC
Cresswell J
Insurance
ComC Lloyd's Litigation - renewal and reconstruction - market settlement - case management of cases where there is dispute between names and Lloyd's as to whether a binding contract was concluded

 
Robson -v- S Marriott and Guardian Insurance Limited [1997] EWCA Civ 1947
24 Jun 1997
CA

Road Traffic, Insurance

Road Traffic Act 1988 151
[ Bailii ]
 
Tga Chapman Limited; Benson Turner Limited -v- Paul George Christopher and Sun Alliance and London Insurance Plc [1997] EWCA Civ 2052
8 Jul 1997
CA

Insurance

[ Bailii ]
 
Callaghan and Another -v- Dominion Insurance Company Ltd and Others Times, 14 July 1997
14 Jul 1997
QBD

Insurance
Nature of indemnity insurance was defined as giving insured right upon suffering loss to be restored to his original position.

 
T G A Chapman Ltd and Another -v- Christopher and Another Times, 21 July 1997
21 Jul 1997
CA

Insurance
Limit on insurers liability on indemnity policy applied to damages; Costs also payable by insurer who decided to defend case.

 
New Zealand Forest Products Limited -v- the New Zealand Insurance Company Limited [1997] UKPC 37
21 Jul 1997
PC

Commonwealth, Insurance
(New Zealand) The extent of the cover provided by a Company Reimbursement Policy.
[ Bailii ]
 
Samuel Evans -v- Motor Insurance Bureau Times, 10 November 1997
29 Jul 1997
ComC
Thomas J
Arbitration, Insurance
ComC Untraced Drivers Scheme of the Motor Insurers Bureau – obligation to award interest – power to award interest under section 19A of the 1950 Act.
Arbitration Act 1950 19A
1 Cites

1 Citers


 
Insurance Corporation of the Channel Islands -v- Royal Insurance (Uk) Ltd [1997] EWHC Comm 373; [1998] Lloyds Rep IR 151
30 Jul 1997
ComC
Mance J
Insurance

[ Bailii ]
 
Society of Lloyd's -v- Dennis Hugh Rld Leighs; Geoffrey Herbert Lyon and David Walter Wilkinson and Canadian Names Intervenors [1997] CLC 1398; [1997] 6 Re LR 289; Times, 11 August 1997; Independent, 06 October 1997; [1997] EWCA Civ 2283
31 Jul 1997
CA

Insurance, Contract

1 Cites

1 Citers

[ Bailii ]

 
 Agnew and others -v- Lansforsakringsbolagens; CA 31-Jul-1997 - [1997] EWCA Civ 2253; [1997] 4 All ER 937
 
Pendennis Shipyard Ltd and Others -v- Magrathea (Pendennis) Ltd (In Liquidation) Times, 27 August 1997; Gazette, 17 September 1997
27 Aug 1997
QBD

Costs, Insurance
Insurers conducting defence for own purposes though not parties were liable to pay costs of successful plaintiff.

 
Boyle -v- Smith and Motor Insurance Bureau [1997] EWCA Civ 2321
1 Sep 1997
CA

Insurance, Road Traffic

[ Bailii ]
 
Eide Uk Ltd and Another -v- Lowndes Lambert Group Ltd and Another Gazette, 03 September 1997; Times, 23 October 1997
3 Sep 1997
QBD

Insurance
Lien on policy under Act is not also a lien on the proceeds of any claim under it; There had been no intention in the Act to provide additional protection to broker.
Marine Insurance Act 1906 53(2)


 
 The National Insurance and Guarantee Corporation Plc -v- Imperio Reinsurance Company (UK) & Another; ComC 30-Sep-1997 - Unreported, 30 September 1997
 
Banque Paribas (Suisse) S.A. -v- Stolidi Shipping Company Ltd & Ors Unreported, 7 October 1997
7 Oct 1997
ComC
Clarke J
Insurance
Insurance - duty of insurance brokers - claim by bank against insurance brokers for alleged breach of duty of care owed to bank - brokers employed by ship owners. Held: brokers owed bank a duty of care not to mislead the bank and to ensure that the bank was not labouring under a misapprehension - brokers in breach - bank entitled to recover damages on the basis that but for breach, when she became a CTL, the ship "STOLIDI" would have been insured for 100% instead of 21.5%.

 
John Haydn Morgan -v- Batten and Co (a Firm) [1997] EWCA Civ 2431
7 Oct 1997
CA

Insurance, Professional Negligence

[ Bailii ]
 
Ian Robert Galloway -v- Guardian Royal Exchange (Uk) Limited [1997] EWCA Civ 2487; [1999] LRIR 209
15 Oct 1997
CA

Insurance
The claimant's policy had been declared void ab initio by the court. On the application form he had falsely stated that he had no convictions, but had only shortly before been convicted of obtaining a pecuniary advantage by deception. Part of the claim had also been found to be dishonest, and had been convicted of an offence for that. Held: That fraudulent part contaminated the whole claim. The contract of insurance being one of utmost good faith, the assured could not first make a fraudulent claim , then seek to leave that part and pursue the rest. He will forfeit all benefit under the policy whether there is a condition to that effect or not." The appeal failed.
1 Cites

1 Citers

[ Bailii ]
 
Desouza -v- Waterlow (on her Own Behalf and on Behalf of All Other Members of Lloyd's Syndicate No 508 Who Trade As Hermes Motor Policies at Lloyd'S) [1997] EWCA Civ 2500
16 Oct 1997
CA

Road Traffic, Insurance

Road Traffic Act 1988 151
[ Bailii ]
 
Robert Irving & Burns (a Firm) -v- Stone and others Gazette, 29 October 1997; Times, 30 October 1997; [1997] EWCA Civ 2507
16 Oct 1997
CA

Insurance, Professional Negligence
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.
[ Bailii ]
 
John Disney Donhou and Gatco Limited -v- London and Edinburgh Insurance Company Ltd [1997] EWCA Civ 2558
23 Oct 1997
CA
Morritt LJ, Buxton LJ
Insurance
Renewed application for leave to appeal.
[ Bailii ]
 
Jordan Grand Prix Limited -v- Baltic Insurance Group and others (By Original Action) and Baltic Insurance Group -v-; Quay Financial Software Limited; Dermot Desmond and Gerard Giblin (By Counterclaim) Gazette, 12 November 1997; Times, 14 November 1997; Gazette, 14 January 1998; [1997] EWCA Civ 2567; [1997] EWCA Civ 2568
24 Oct 1997
CA

Jurisdiction, Insurance, Litigation Practice
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.
Brussels Convention 1968 Art 11
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]

 
 DSG Retail Ltd -v- QBE International Insurance Ltd; ComC 4-Nov-1997 - [1999] Lloyd's Rep IR 283
 
Jagjivan Kumar -v- AGF Insurance Ltd [1999] 1 WLR 1747; [1998] 4 All ER 788; [1999] Lloyd's Rep IR 147; [1999] PNLR 269
10 Nov 1997
ComC
Thomas J
Insurance
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 non-disclosure or misrepresentation" and a statement that "where before the inception or renewal of this insurance a principal has fraudulently failed to disclose and/or fraudulently misrepresented circumstances which might give rise to a claim or claims, the insurer shall be entitled to seek reimbursement from that principal". There were errors or omissions in the information provided in the insurance proposal form and the insured certified on the form that they were satisfied that the details were correct "to the best of our knowledge and belief". Held: The judge was prepared to assume that this conduct was fraudulent. He considered the construction exercise against the regulatory background of the Solicitors Indemnity Fund, in particular rules 29 and 30 and the fact that the insurance scheme was intended to provide an indemnity to clients when they had been caused loss by a solicitor. This is clear when one comes to seeing the construction which the learned judge found at pages 1755G- 1756D. He referred then to the insurers' argument that the warranty on the proposal form was extremely important. He then went on to say that "it is not uncommon to find surplusage in a policy of insurance [and that] in no way detracts from the meaning which I have found the parties intended and in which in my judgement is plainly expressed in the language used in the policy as a whole".
1 Citers


 
State of Netherlands (Represented By Minister of Defence) -v- John Ludbrooke Youell and Peter Nathan Chrismas and Other Set Out In Schedule To Amended Writ of Summons [1997] EWCA Civ 2715
13 Nov 1997
CA

Insurance

1 Cites

1 Citers

[ Bailii ]
 
Aneco Reinsurance Underwriting Ltd (In Liquidation) -v- Johnson & Higgins Times, 14 November 1997
14 Nov 1997
CA

Insurance, Professional Negligence
Claims against insurance brokers for negligence are to be heard at the same time as a claim with regard to repudiation of liability; need for notes of arrangements.

 
J A Chapman & Co Ltd -v- Kadirga Denizcilik Ve Ticaret AS & Others Times, 19 March 1998; [1998] Lloyd's Rep. I.R. 377; [1998] CLC 860
14 Nov 1997
ComC
Thomas J
Insurance
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.
Marine Insurance Act 1906
1 Cites

1 Citers


 
John A Pike (Butchers) Limited -v- Independent Insurance Company Limited [1997] EWCA Civ 2789
21 Nov 1997
CA

Insurance

[ Bailii ]
 
Gopee (a Bankrupt) -v- Sun Alliance and London Insurance Plc [1997] EWCA Civ 2817
25 Nov 1997
CA

Insurance, Insolvency

[ Bailii ]
 
Roar Marine Ltd & Others -v- Bimeh Iran Insurance Co [1998] 1 Lloyd's Rep. 423
26 Nov 1997
ComC
Mance J
Insurance
Insurance - Co-insurance- follow the leader clause binding - following market by leaders settlements - effect whether subject to any proviso that leader's settlements should have been concluded in a proper and business like way - summary judgement in insurer's favour.


 
 Elf Enterprise (Caledonia) Ltd -v- London Bridge Engineering Ltd and Others; OHCS 28-Nov-1997 - Times, 28 November 1997
 
Society of Lloyd's -v- Fraser (No 1) [1998] CLC 127
3 Dec 1997
ComC
Tuckey J
Insurance
Lloyd's litigation: abuse of process for names to raise fraud defence to claim for Equitas premium which could have been raised in earlier test cases.
1 Cites

1 Citers


 
Eide UK Ltd and Another -v- Lowndes Lambert Group Ltd and Another Times, 29 December 1997; Gazette, 28 January 1998; [1997] EWCA Civ 3005
16 Dec 1997
CA

Insurance
Insurance broker may generally exercise a lien for an unpaid premium over the proceeds of a policy, but not over a policy of a co-assured over debt of the other assured.
Marine Insurance Act 1906 53(2)
[ Bailii ]
 
Wilson Bowden Properties Limited -v- Herbert Anthony Milner Bardon 22 Limited [1997] EWCA Civ 3051; [1997] EWCA Civ 3052
18 Dec 1997
CA

Insurance

[ Bailii ] - [ Bailii ]
 
Den Danske Bank A/S and Others -v- The Skipton Building Society & Others [1998] 1 EGLR 140
19 Dec 1997
ComC
Thomas J
Insurance, Contract
ComC Insurance - Mortgage guarantee insurance - condition as to compliance with lending criteria - consequences of failure to comply. Master Mortgage guarantee insurance policy - whether term warranty descriptive of the risk or condition precedent or other term. Recovery of claims paid - mistake. Obligation to sue negligent professionals Contract - Penalty clause Contributory negligence- applicability of Law Reform Act 1945 to claim for breach of contractual duty of care. Negligence - Securitisation - title of banks buying bonus to sue agent who effected the loans for transfer.

 
Sucha Singh Mann -v- Sun Alliance and London Insurance Plc [1997] EWCA Civ 3079
19 Dec 1997
CA

Insurance

[ Bailii ]
 
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