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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: 2000 To: 2000

This page lists 35 cases, and was prepared on 08 August 2015.

 
Caledonian North Sea Ltd -v- London Bridge Engineering Ltd and Others [2000] Scottish Law Times 1123
2000
IHCS
Lord Rodger Lord President
Insurance
Lord Rodger: "Subrogation works by giving the insurer who indemnifies the assured the right to raise proceedings in his name and, by the very nature of the circumstances in which it comes into play, the proceedings by the insurer must necessarily be to recover sums which have already been paid to the assured or paid on behalf of the assured. The remedy could not exist unless, in insurance as in other cases of indemnity, our law took the view that payments made by the indemnifier fall to be ignored in proceedings raised by him in the name of the assured against a third party. Those payments are ignored in all cases where subrogation applies, whatever may be the basis of the action which is raised in the name of the assured after he has been indemnified by the insurer."
1 Citers


 
Brownsville Holdings Ltd -v- Adamjee Insurance Co Ltd ("The Milasan") [2000] 2 Lloyd's Rep 458; [2000] EWHC 223 (Comm)
2000

Aikens J
Transport, Insurance
A 90 foot motor yacht sank in calm weather in the course of a voyage from Piraeus to Sardinia with a crew of three: a skipper, an engineer and a deckhand. Held: The owner's insurance claim failed. There had been a breach of warranty in these terms: "Warranted professional skippers and crew in charge at all times." The claimants accepted that this was a promissory warranty – there was no argument that it was a term simply delimiting or describing the risk. Aikens J: "I accept . . that a practical construction must be given to the words of the warranty. I think it is clear that the insurers were concerned to ensure that the vessel was properly looked after all the time, both winter and summer, and wherever she was – whether cruising or in a marina for the winter months.
The 'skipper' together with the 'crew' has to be 'in charge' of the vessel 'at all times'. In my view the wording 'professional skippers and crew to be in charge' means that the skipper and the crew' together are to take care of and manage the vessel; that is the sense in which they are to be 'in charge' of her. They are also to be 'in charge' of the vessel together 'all the time'. The last phrase is . . quite clear. It means that there must be a professional skipper and a crew that looks after the vessel the whole time, as opposed to intermittently or at intervals." As the claimants had not employed anyone who was a "professional skipper" over a period of time, they were in breach of warranty. In summary "On the proper construction of the 'professional skipper warranty' the claimants were obliged to keep a suitably qualified skipper on board the yacht at all times….."
1 Citers

[ Bailii ]
 
Avon Insurance Plc and Others -v- Swire Fraser Ltd [2000] CLC 665; [2000] 1 All ER (Comm) 573; [2000] Lloyd's Rep IR 535; [2000] EWHC 230 (Comm)
20 Jan 2000
ComC
Rix J
Insurance, Torts - Other

Misrepresentation Act 1967 2(1)
[ Bailii ]
 
Barclays Plc -v- Villers [2000] EWHC 197 (Comm)
25 Jan 2000
ComC

Insurance, Costs
Re-insurers refused to pay the costs re-imbursed by the insurers to the claimant of conducting the defence of a court action, saying that they were excessive. They sought a detailed assessment of the bill. The defendants argued that this matter should be dealt with by arbitration under the terms of the settlement of the main proceedings.
Solicitors Act 1974 71(1)(4)
1 Cites

[ Bailii ]
 
Society of Lloyd's -v- Jaffray [2000] EWHC Commercial 174
26 Jan 2000
ComC

Insurance, Costs

1 Citers

[ Bailii ]

 
 Jones -v- Society of Lloyd's; Standen -v- Same; ChD 2-Feb-2000 - Times, 02 February 2000
 
Lloyd'S Litigation Note (No 2) Times, 11 February 2000
11 Feb 2000
QBD

Insurance
Whilst the large majority of names had now settled, the remaining cases needed orderly disposal. Names wanting to reserve the right to take part in the threshold fraud issue, must notify the solicitors for Lloyd's before February 21 2000 of their wish to take any part in that trial. When a determination had been made as to their contribution to the costs, they would have a certain time to withdraw.

 
Alfred Mcalpine Plc -v- BAI (Run-Off) Limited [2000] EWCA Civ 40; [2000] Lloyd’s Rep 437; [2000] EWCA Civ 40
11 Feb 2000
CA
Waller LJ
Insurance
Obligations in a Notice of Claims clause should not be treated as conditions precedent to liability but as innominate terms apt only to create a defence to a claim under the policy if the consequences of breach are so serious as to give the insurers a right to reject the claim.
1 Citers

[ Bailii ]
 
Odyssey Re (London) Ltd (Formerly Sphere Drake Insurance Plc) and Another -v- OIC Run-Off Ltd (Formerly Orion Insurance Co Plc) [2000] EWHC Admin 291
15 Feb 2000
Admn

Insurance

1 Cites

1 Citers

[ Bailii ]

 
 Agnew (Suing On His Own Behalf and In a Representative Capacity on Behalf of all Members of Lloyd's Syndicates 672, 79, 1023 and 590) and Others -v- Lansforsakringsbolagens A B; HL 17-Feb-2000 - Times, 23 February 2000; Gazette, 02 March 2000; [2000] UKHL 7; [2000] 1 All ER 737; [2001] 1 AC 223
 
Northern Shipping Company -v- Deutsche Seereederei Gmbh and others ("The Kapitan Sakharov") [2000] EWCA Civ 400; [2000] 2 Lloyd's Law Rep 255
3 Mar 2000
CA
Auld LJ, Brooke LJ, Hale LJ
Transport, Insurance
A carrier: (a) should not be exposed to an infinite liability in time; and (b) is not, without more, liable for latent defects in a vessel before it acquired it. The relevant failure to exercise due diligence must relate to the performance of a function undertaken (by the sub-contractor) as a carrier or on behalf of the carrier rather than in an alternative capacity, namely as a shipper.
1 Citers

[ Bailii ]
 
Kyzuna Investments Ltd -v- Ocean Marine Mutual Insurance Association (Europe) Gazette, 23 March 2000; Times, 31 March 2000
23 Mar 2000
QBD

Insurance
The claimants insured their yacht with the defendants for a value as certified by an independent valuer. The defendants claimed he had misrepresented the value in the proposal. The words 'sum insured' indicated a ceiling on a claim on an unvalued policy. There was no indication from the insurers on the proposal form that they would agree the value, but rather they asked only for the value to be insured. The policy was therefore an unvalued policy.
Marine Insurance Act 1906

 
The Society of Lloyds -v- Geoffrey George Twinn Gail Sally Anne Twinn [2000] EWHC Admin 308
23 Mar 2000
Admn

Insurance

[ Bailii ]
 
Cormack and Another -v- Washbourne, Formerly Trading As Washbourne & Co (A Firm) Times, 30 March 2000; Gazette, 14 April 2000
30 Mar 2000
CA

Costs, Professional Negligence, Insurance
Where a claimant succeeded in his claim against a party, it was wrong to award costs against an insurer third party who had supported the defence where such costs exceeded the limit of liability under the financial limit of the indemnity. The insurer had been given conduct of the litigation, and only at a late stage informed the claimant of the limit on indemnity, and after the costs already exceeded that limit. Were these circumstances exceptional? No, the action of the insurers was not sufficiently self-motivated, and had been in good faith.

 
Thornton Springer -v- NEM Insurance Co Ltd and others Gazette, 30 March 2000
30 Mar 2000
QBD

Insurance, Professional Negligence
The claimants were a firm of accountants who had been sued along with one partner for professional negligence. Their insurers agreed to fund the defence, which was successful. The partner was liable, The insurers declined to pay up, asserting that the practice had not been liable within the policy. The court held against the insurers. The claims against the partnership and partner were in substance the same, and fell within the scope of the cover.

 
Mark John Killick & Margaret Rose Nugent and Emma Jane Ritchie-Burridge, Ivor Ronald Binney, Carl William Adair Claim Ants -v- William Rendall (Sued on her Own Behalf and on Behalf of Those Lloyd's Syndicates Listed In the Schedule to the Writ of Summons) [2000] EWCA Civ 122
11 Apr 2000
CA

Personal Injury, Insurance

[ Bailii ]

 
 Foskett -v- McKeown and Others; HL 18-May-2000 - Times, 24 May 2000; Gazette, 08 June 2000; [2000] UKHL 29; [2000] 3 All ER 97; [2000] Lloyd's Rep IR 627; [2001] 1 AC 102; [2000] WTLR 667; (1999-2000) 2 ITELR 711; [2000] 2 WLR 1299
 
Earl -v- Cantor Fitzgerald International [2000] EWHC 555 (QB)
26 May 2000
QBD

Insurance

[ Bailii ]
 
In Re Insolvency Act 1986; Cork -v- Rawlins Gazette, 06 July 2000; Times, 27 June 2000
27 Jun 2000
ChD

Insurance, Insolvency
The proceeds of a permanent disability benefit insurance policy were not calculated according to the pain and suffering of the bankrupt, and were therefore distributable amongst his creditors. There was no part of it held on constructive trust for the bankrupt by the insurance company. The sums were distributable even though a decision as to the claim was made only after the discharge.

 
Co-operative Retail Services Ltd -v- Taylor Young Partnership Hoare Lea & Partners (a Firm) and Carillion Construction Limited (Formerly Tarmac Construction (Contracts) Ltd, Wimpey Construction UK Limited) etc [2000] EWCA Civ 207; [2000] BLR 461
4 Jul 2000
CA

Construction, Insurance

1 Cites

1 Citers

[ Bailii ]
 
Groupama Navigation Et Transports; Continent Sa; Mutuelles Du Mans; Zurich International France SA and Gie Generali Transports (Bodies Corporate) -v- V Catatumbo Seguros (a Body Corporate) [2000] EWCA Civ 220; [2000] 2 Lloyd's Rep 350; [2000] CLC 1534; [2001] Lloyd's Rep IR 141; [2000] 2 All ER (Comm) 193
20 Jul 2000
CA
Roch LJ, Tuckey LJ, Mance LJ
Insurance

Marine Insurance Act 1906 33
1 Cites

1 Citers

[ Bailii ]
 
K/S Merc-Scandia XXXXII -v- Underwriters to Lloyd'S Policy 25T 1054 87 and Others Gazette, 20 July 2000; Times, 08 August 2000
20 Jul 2000
QBD

Commercial, Insurance
The Insurers had avoided a policy after a claim had been brought, and the insured had produced a fraudulent document. Having won their case, the applicants sought to enforce the award against the insurers. The insurers were held not to be excused under the policy. The duty of good faith applied on matters up to the claim, but need not apply to all questions which arose after a claim had been validly made. The forged document did not demand that the insurers assume any new risk, and the insurers remained answerable.

 
Gorham and others -v- British Telecommunications Limited Plc, the Trustees of the BT Pension Scheme Standard Life Assurance Company S/S Times, 16 August 2000; Gazette, 05 October 2000; [2000] EWCA Civ 234; [2000] 4 All ER 867; [2000] 1 WLR 2129
27 Jul 2000
CA

Insurance, Professional Negligence
Where an insurance company gave financial advice to a person to whom they owed a duty of care, and they were aware that that person was intending to provide for his dependants, then the insurance company owed the dependants a duty of care also. The principle established in White v Jones should not be narrowly construed. The advice presumed such an interest in the person receiving the advice.
1 Cites

1 Citers

[ Bailii ]
 
Comatra Limited Arabian Bulk Trade Limited -v- Various Underwriters [2000] EWCA Civ 244
31 Jul 2000
CA

Insurance, Transport

[ Bailii ]
 
Ace (Formerly Cigna) -v- Zurich Insurance Company & Zurich American Insurance Company [2000] EWHC Commercial 69
31 Jul 2000
ComC

Insurance

[ Bailii ]
 
Jan De Nul (Uk) Ltd -v- N V Royale Belge [2000] EWHC Commercial 71
31 Jul 2000
ComC
Mr Justice Moore-Bick
Insurance
Contractors' liability insurance - contract for capital dredging of main shipping channel in Southampton Water - deposit of silt outside limits of dredged channel - whether insured negligent - whether silt interfered with navigation - whether insured incurred liability to third parties in negligence, nuisance or public nuisance - whether insured liable to port authority in respect of expenses incurred in removing silt - whether removal of silt by insured formed part of the contract works - whether liability excluded under terms of policy
1 Citers

[ Bailii ]
 
Group Josi Reinsurance Company Sa -v- Universal General Insurance Company Times, 09 August 2000; C-412/98; [2000] EUECJ C-412/98
9 Aug 2000
ECJ

Jurisdiction, Insurance, European
The Brussels Convention rules allowing jurisdiction apply whenever the proposed defendant is domiciled in a convention country. The plaintiff need not be. The special rules on jurisdiction which apply to insurance cases do not apply to reinsurance contracts.
Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968
1 Citers

[ Europa ] - [ Bailii ]
 
Mendes Ferreira and Delgado Correia Ferreira -v- Companhia de Seguros Mundial Confianca SA C-348/98; [2000] EUECJ C-348/98; [2000] ECR 1-6711
14 Sep 2000
ECJ

European, Insurance, Road Traffic
Europa Compulsory insurance against civil liability in respect of motor vehicles - Directives 84/5/EEC and 90/232/EEC - Minimum amounts of cover - Type of civil liability - Injury caused to a member of the family of the insured person or driver.
1 Citers

[ Europa ] - [ Europa ] - [ Bailii ]
 
HIH Casualty and General Insurance Ltd and Others -v- Chase Manhattan Bank and Others Times, 19 September 2000; [2001] 1 Lloyd's Rep 30
19 Sep 2000
QBD
Aikens J
Insurance, Media
As a contract for speculation, a duty of utmost good faith is not implied in a contract insurance. The duty of disclosure by an insured can be limited by the contract as can the freedom of the insurance company to avoid liability. If the wording is clear enough, even a deliberate non-disclosure amounting concealment might be excused. Nevertheless the contract might be rescindable at the option of the insurer.
1 Citers


 
Dignon -v- Irving and others [2000] ScotCS 253
3 Oct 2000
SCS
Lord President and Lord Reed and Lord Caplan
Scotland, Insurance

[ Bailii ] - [ ScotC ]
 
Society of Lloyd's -v- Sir William Otho Jaffray BT [2000] EWHC Commercial 51
3 Nov 2000
ComC

Insurance

1 Cites

[ Bailii ]
 
Mann and Another -v- Lexington Insurance Co Times, 29 November 2000; [2000] EWCA Civ 256
29 Nov 2000
CA

Insurance
Where damage was caused to stores in Indonesia by riots occurring on different days, these were, for the purposes of the insurance contract, separate occurrences, and a clause limiting the sum payable per occurrence was accordingly to be applied separately to each event. It was a question of fact in each case. There was a 'retrocessionaire' clause which provided for aggregation in specified circumstances, and this was not to be extended by implication generally.
[ Bailii ]
 
Colonial Fire and General Insurance Company Limited -v- John Chung (Appeal No 57 of 1999); [2000] UKPC 50
13 Dec 2000
PC
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Sir Ivor Richardson
Commonwealth, Insurance
PC (Trinidad and Tobago) The policy holder claimed under fire policies. The insurers said he had started the fires deliberately, and had failed to give sufficient particulars of his claim. The insurers now appealed the reveresal at appeal of the finding that the insured had started the fires himself. Held: The evidence suggested the seat of the fire had only been accessible to someone with keys. The clauses requiring disclosure under the three policies should be read together so that a failure to responde adequately to questions under one policy vitiated the responses under the others. There was in reality one claim. The appeal was upheld.
[ Bailii ] - [ PC ] - [ PC ]
 
Satish Khanna -v- Prosperity Life Assurance Ltd and Others [2000] EWCA Civ 332
18 Dec 2000
CA

Insurance

[ Bailii ]
 
Wylie on Behalf of SMP Motor Policies at Lloyds -v- Wake [2000] EWCA Civ 349
21 Dec 2000
CA
Lord Justice Kennedy, Lord Justice Laws, And Lord Justice Rix
Road Traffic, Insurance, Personal Injury
The claimant sought to recover damages following a road accident. The driver's insurance was defective. The driver claimed under section 151, but proceedings were issued without formal notice of the issue of proceedings having been given to MIB. The claim proceeded for some time before objection was made. Held: There was a clear distinction between notice of a claim, and a notice of proceedings. The notice need not be in any particular form, but must be an unconditional clear notice of the intention to commence formal proceedings. No sufficient notice had been given. The claimant alleged an estoppel against the defendant. The section is not a statutory defence, it is a condition precedent to liability, and accordingly no estoppel could arise.
Road Traffic Act 1988 152(1)(a)
1 Cites

[ Bailii ]
 
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