swarb.co.uk - law index
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: 1998 To: 1998
This page lists 42 cases, and was prepared on 08 August 2015.
Charterhouse Development (France) Limited -v- Sharp; ChD 1998 - (1998) 7 Lloyds Rep IR 266
Society of Lloyd's -v- Fraser (No. 1) [1998] CLC 1630; [1999] Lloyd's Rep IR 156
1998
CA
Insurance
Affirmed
1 Cites
1 Citers
Insurance Corporation of Channel Islands Limited and Another -v- Royal Hotel Limited and others (No 2) [1998] Lloyd's Rep IR 151
1998
Mance J
Insurance
The court was asked whether insurers could avoid a policy by reason of the creation by one of the insured hotel's directors of false invoices intended to create a more favourable picture of the hotel's trading performance if it became desirable to show its accounts to its bankers. No actual use of the invoices had been made. The issue was whether the matters were nevertheless material to be known to a prudent insurer in the claimant's position upon the renewal of insurance, the onus being on the insurer to establish this.
Mance J discussed what is embraced by "risk" in the context of avoidance for material non-disclosure: "It is not simply the peril or possibility of loss of damage occurring within the scope of the policy. It embraces other matters which would, if known be likely to influence a prudent underwriter's decision. It includes what is known as 'moral hazard' which may merely increase the likelihood of it being made to appear (falsely) that loss or damage has occurred falling within the scope of the policy . .."
1 Cites
1 Citers
Callaghan, Hedges (Trading As Stage 3 Discotheque) -v- BJ Thompson (Sued on her Own Behalf and on Behalf of Those Subscribing Syndicate 1049 at Lloyds) [1998] EWCA Civ 28
16 Jan 1998
CA
Insurance
[ Bailii ]
X -v- United Kingdom 28530/95; [1998] ECHR 117; (1998) 25 EHRR CD88; 25 EHRR CD88
19 Jan 1998
ECHR
Human Rights, Company, Insurance
The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair.
European Convention on Human Rights
1 Citers
[ Bailii ]
Rohan Investments Limited -v- Philip Cunningham and Other Members of Syndicate 877 of Lloyd's of London T/a Criterion Insurance Services [1998] EWCA Civ 44
20 Jan 1998
CA
Insurance
[ Bailii ]
Yamada Fire and Marine Insurance Company of Europe Ltd -v- Lloyd's Underwriting Syndicate No 229 and Others Times, 24 January 1998
24 Jan 1998
QBD
Insurance
Re-insured wrong to aggregate unrelated losses as against re-insurer where policy covered separate professional indemnity losses.
William John Ham and Somak Travel Ltd and Somak Travel Ltd (Kenya) and Economic Insurance Co Ltd and Cork Bays and Fisher Ltd [1998] EWCA Civ 153
4 Feb 1998
CA
Insurance, Consumer
1 Cites
[ Bailii ]
R E Brown and others -v- GIO Insurance Limited; CA 6-Feb-1998 - Times, 18 February 1998; Gazette, 05 March 1998; [1998] EWCA Civ 177; [1998] Lloyd's Rep IR 201
Kodym -v- Nel Permanent Health Insurance Limited [1998] EWCA Civ 182
9 Feb 1998
CA
Insurance
[ Bailii ]
Yasuda Fire and Marine Insurance Comoany Europe Ltd -v- Lloyd'S Syndicate No 229 and Others Gazette, 18 February 1998
18 Feb 1998
QBD
Insurance
'losses on risks covering on an aggregate basis' did not allow aggregation for excess where losses covered on individual basis.
Philip Powis Limited Robert Harrison -v- Sun Alliance and London Insurance Plc [1998] EWCA Civ 274
18 Feb 1998
CA
Insurance
[ Bailii ]
Faircharm Investmentsltd -v- Citibank Interational Plc Times, 20 February 1998
20 Feb 1998
CA
Insurance
A Party having discharged the liability of another and becoming subrogated was entitled not to be prejudiced by acts of the other party.
Parsons, Parsons -v- Provincial Insurance Plc [1998] EWCA Civ 311
20 Feb 1998
CA
Insurance, Litigation Practice
The insurers refused to pay on a fire claim, saying that it was started by the insured, that the proposal was incorrect, and that in extending the value insured, the insured had misrepresented the situation. The court considered whether a jury trial was required.
Supreme Court Act 1981 69(1)
1 Cites
[ Bailii ]
Witham -v- Commercial Union Assurance Company Plc; Commercial Union Capital Limited and F A G Hoad [1998] EWCA Civ 330
24 Feb 1998
CA
Insurance
[ Bailii ]
Wunsche Handelsgesellschaft International Mbh -v- Tai Ping Insurance Company Limited and Prudential Assurance Company Limited [1998] EWCA Civ 388
3 Mar 1998
CA
Insurance
[ Bailii ]
Denby and Others -v- English and Scottish Maritime Insurance Co Ltd and Others; Yasuda Fire and Marine Ins Co Etc -v- Lloyds Etc Times, 16 March 1998; [1998] EWCA Civ 398
5 Mar 1998
CA
Insurance
Excess aggregated losses cover did not allow aggregation when underlying clauses were per claim basis with aggregate limit.
[ Bailii ]
J A Chapman & Co Ltd (In Liquidation) -v- Kadirga Denizcilik Ve Ticaret J a Chapman & Co Ltd (In Liquidation) -v- Chios Breeze Marine Company J a Chapman and Company Ltd (In Liquidation) -v- Kadirga Denizcilik Ve Ticaret As and others [1998] EWCA Civ 400
5 Mar 1998
CA
Insurance, Transport
1 Cites
1 Citers
[ Bailii ]
Skandia International Corp and Commercial Union Assurance Company PLC -v- NRG Victory Reinsurance Limited Times, 19 March 1998; [1998] EWCA Civ 467; [1998] 2 Lloyd's Rep 600; [1998] 2 All ER 434 CA; [1998] CLC 920; [1998] Lloyd's Rep IR 439
16 Mar 1998
CA
Insurance
A fully defended foreign judgment against an insurer was binding on the re-insurer, but insurer must show that the settlement was properly entered into.
cw Exxon claimed clean-up expenses in Texas. The plaintiffs settled on the basis that they would be liable to Exxon in Texas. Excess of loss reinsurance. How should liability of plaintiffs be assessed? Relevance of liability in Texas. Liability of reinsurer. Reinsurer liable on basis of liability in Texas.
1 Cites
1 Citers
[ Bailii ]
Municipal Mutual Insurance Limited -v- Sea Insurance Company Limited; Commercial Union Assurance Company Plc; Royal Insurance (Global) Limited; Maritime Insurance Company Limited; Navigators & General Insurance Company Limited etc; CA 26-Mar-1998 - [1998] EWCA Civ 546; [1998] Lloyd's Rep IR 421
Hughes and Another -v- Beckett and others; CA 6-Apr-1998 - [1998] EWCA Civ 642
Regina -v- The Council of Lloyd's ex parte Cuthbert Heath Underwriting Limited [1998] EWHC Admin 415
7 Apr 1998
Admn
Insurance
[ Bailii ]
Burns -v- Shuttlehurst Limited and McGroarty General Accident Fire and Life Assurance Corporation Plc; CA 24-Apr-1998 - [1998] EWCA Civ 719
Baker -v- Black Sea and Baltic General Insurance Co Ltd; HL 20-May-1998 - Gazette, 10 June 1998; Times, 21 May 1998; [1998] UKHL 18; [1998] 2 All ER 833; [1996] LRLR 353
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 - Times, 17 December 1998; [1998] UKHL 49; [1999] 2 AC 127; [1999] 2 WLR 134; [1999] 1 All ER 289; [1999] 2 AC 127
Goberdhan and others -v- Caribbean Insurance Company Limited [1998] UKPC 25; 61 of 1997
21 May 1998
PC
Insurance
(Trinidad and Tobago)
1 Citers
[ Bailii ]
Choudhary Ghulam Nabi -v- Eagle Star Insurance Company Ltd [1998] EWCA Civ 899
4 Jun 1998
CA
Insurance
[ Bailii ]
Hamptons Residential Ltd -v- Field and Others; CA 10-Jun-1998 - Gazette, 10 June 1998
Cook (A P ) -v- Financial Insurance Company Limited [1998] UKHL 42; [1998] 1 WLR 1765
18 Jun 1998
HL
Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Steyn, Lord Hope of Craighead
Insurance
The claimant sought payment under his insurance policy for a disability. The insurance company declined to pay, saying the injury predated the policy. He was a runner, but had had episodes of breathlessness and angina. Held: He had visited his doctor for a related condition, but had not received treatment as described under the policy, and a diagnosis was only made after the policy took effect. (Browne Wilkinson and Jauncy dissenting). The word "condition" could not be construed as including symptoms of a generalised kind, which might include any number of different diseases or none, and that the word "condition" meant a medical condition recognised as such by doctors.
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Katherine Bouch -v- Mary Katherine Bouch, John Hewitt, Motor Insurers Bureaux, Bradford Pennine Insurance [1998] EWCA Civ 1045
19 Jun 1998
CA
Insurance, Road Traffic
[ Bailii ]
Society of Lloyd's -v- Fraser and others [1998] EWCA Civ 1378
31 Jul 1998
CA
Insurance
Lloyd's litigation.
1 Cites
1 Citers
[ Bailii ]
J Rothschild Assurance Plc -v- Collyear and Othersl Times, 15 October 1998; [1998] EWHC 1205 (Comm); [1999] 1Ll LR 6
29 Sep 1998
ComC
Rix J
Insurance
A claim against an insurance company for compensation for pensions mis-selling was properly subject of a claim by the insurance company in turn under its own professional indemnity insurance policy. Under a 'claim made' policy, the risk insured is that for which a claim is made in the period of the insurance whenever the damage or its cause arose.
1 Citers
[ Bailii ]
Mighell -v- Reading and Another and Evans -v- Motor Insurers Bureau and White -v- White and Another [1998] EWCA Civ 1463
30 Sep 1998
CA
Insurance
Leave to appeal to House of Lords refused.
1 Cites
1 Citers
[ Bailii ]
Mighell -v- Reading and Another and Evans -v- Motor Insurers Bureau and White -v- White and Another [1998] EWCA Civ 1464
30 Sep 1998
CA
Insurance
1 Cites
1 Citers
[ Bailii ]
C Itoh & Co Limited and others -v- Companhia De Navegacao Lloyd Brasileiro Steamship Mutual Underwriting Association (Bermuda) Limited Intervener [1998] EWCA Civ 1458
30 Sep 1998
CA
Insurance
[ Bailii ]
Mighell -v- Reading and Another and Evans -v- Motor Insurers Bureau and White -v- White and Another Times, 12 October 1998; [1998] EWCA Civ 1465; [1999] 1 LLR 30
30 Sep 1998
CA
Hobhouse LJ
European, Personal Injury, Road Traffic, Insurance
Passengers were injured in motor vehicles. The drivers were uninsured, and the MIB had declined to make payment. The doctrine of direct effect did not apply where the allegation was that the Motor Insurers Bureau arrangement did not comply with a European Directive. It was not clear whether the Bureau was an emanation of state, but government had had a choice of institutions through which to implement the Directive. As to the nature of the MIB: "Its members are private law insurance companies who have chosen for the time being to write motor insurance business. It is true that they have a statutory position in that it is compulsory for the user of a motor vehicle on the road to take out a policy with a company which is a member of the Bureau. (Section 145 of the Road Traffic Act, 1988). But the Motor Insurers' Bureau scheme has been in existence from a time earlier than the United Kingdom's membership of the European Communities (or Union) and agreements between the Bureau and the Secretary of State relating to uninsured drivers and untraced drivers have long formed part of that scheme."
1 Cites
1 Citers
[ Bailii ]
Coven Spa -v- Hong Kong Chinese Insurance Co [1998] EWCA Civ 1573
20 Oct 1998
CA
Insurance
[ Bailii ]
John Witham -v- Commercial Union Capital Limited and F a G Hoad [1998] EWCA Civ 1591
22 Oct 1998
CA
Insurance
[ Bailii ]
Asher, Carmichael -v- Thompson and Motor Insurers' Bureau [1998] EWCA Civ 1624
27 Oct 1998
CA
Personal Injury, Insurance, Road Traffic
[ Bailii ]
Aldrich; Charles Day; Todd Civardi; Henrietta Gibbs and others -v- Norwich Union Life Insurance Company Limited (Formerly Norwich Union Life Insurance Society) [1998] EWCA Civ 1819
23 Nov 1998
CA
Insurance
[ Bailii ]
Latvian Shipping Comp -v- Insurance Company 'Ingosstrakh' Ltd and Another [1998] EWHC 1201 (Comm)
27 Nov 1998
ComC
Insurance
[ Bailii ]
Rees & Another -v- Mabco (102) Ltd Gazette, 27 January 1999
11 Dec 1998
CA
Insurance, Litigation Practice
Insurers declined to represent an insured facing a claim for damages for secondary liability for asbestos injury. The insured losing by default, the insurers then sought to be joined to defend the action, but still showed no good defence and were refused. Held: Where an underwriter could demonstrate that there was a defence which carried a real prospect of success which had not been run by the assured, the discretion to permit joinder was available despite the fact that a default judgment had already been obtained.
Third Parties (Rights Against Insurers) Act 1930
1 Citers