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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: 2001 To: 2001

This page lists 44 cases, and was prepared on 08 August 2015.

 
Axa Equity & Law Life Assurance Society Plc -v- Axa Sun Life Plc [2001] EWHC Ch 29
11 Jan 2001
ChD

Insurance
Application for court's sanction to insurance company re-organisation.
Insurance Companies Act 1982
[ Bailii ]
 
Evans -v- Secretary of State for Environment, Transport and Regions Motor Insurers' Bureau [2001] EWCA Civ 32; [2001] EWCA Civ 1211
18 Jan 2001
CA

Personal Injury, Road Traffic, European, Insurance

1 Citers

[ Bailii ] - [ Bailii ]

 
 Manifest Shipping Co Ltd -v- Uni-Polaris Shipping Co Ltd and Others; HL 23-Jan-2001 - Times, 23 January 2001; [2001] 1 All ER 743; [2001] 2 WLR 170; [2001] UKHL 1; [2003] AC 469

 
 Dodson -v- Peter H Dodson Insurance Services (A Firm); CA 24-Jan-2001 - Times, 24 January 2001; Gazette, 25 January 2001; [2001] 1 Lloyd's Rep 520
 
Decorum Investments Ltd -v- Atkin [2001] EWHC 496 (Comm)
26 Jan 2001
ComC

Insurance

[ Bailii ]

 
 Churchill Insurance -v- Charlton; CA 2-Feb-2001 - Gazette, 08 March 2001; Times, 21 February 2001; [2001] EWCA Civ 112; [2001] EWCA Civ 1230; [2002] QB 578; [2001] RTR 33; [2001] Lloyd's Rep IR 387; [2001] 3 WLR 1435; [2001] PIQR P23; [2001] 1 All ER (Comm) 769

 
 Ace Insurance Sa/Nv -v- Zurich Insurance Co and Another; CA 2-Feb-2001 - Times, 27 February 2001; Gazette, 22 February 2001
 
Card Protection Plan Ltd -v- Commissioners of Customs and Excise Times, 06 February 2001; Gazette, 01 March 2001; [2001] UKHL 4; [2001] 2 ALL ER 143; [2001] 2 WLR 329; [2002] 1 AC 202
6 Feb 2001
HL
Lord Slynn of Hadley Lord Jauncey of Tullichettle Lord Nolan Lord Steyn Lord Hoffmann
VAT, Banking, Insurance
The appellants sold a system protecting credit card holders against the consequences of loss or theft. They claimed that it was insurance and exempt from VAT. The commissioners said it was a service and vatable. The card provided a range of services for those who had lost a card, and laid off the costs against their own re-insurance. The European Court had defined insurance as the payment of a premium, to provide the insured, in the event of materialisation of the risk covered, with the service agreed when the contract was concluded. The commissioners held that two services were included, one of insurance, and one of the registration of an individual's card and other details. Held: The dominant purpose of the contract was for insurance. Others were ancillary or minor. (Slynn) "the court’s task is to have regard to the ‘essential features of the transaction’ to see whether it is ‘several distinct principal services’ or a single service and that what from an economic point of view is in reality a single service should not be ‘artificially split’. It seems that an overall view should be taken and over-zealous dissecting and analysis of particular clauses should be avoided." The court should asking itself "what is the essential feature of the scheme or its dominant purpose – perhaps why objectively people are likely to want to join it".
Sixth Council Directive (77/388/EEC) (OJ 1977 L145/1) - Value Added Tax Act 1983 17(1)
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Wake -v- Page and Another Times, 09 February 2001; [2001] RTR 291
9 Feb 2001
CA
Kennedy LJ
Insurance, Estoppel, Litigation Practice, Road Traffic
Insurers were quite entitled to insist upon service of the statutory seven day notice of an intention to sue. In the absence of a notice very were not liable even though they were fully aware of the possibility of action. However regrettable it was there was no representation from the Insurers that they would waive their right for formal notice, and no equitable estoppel arose. A prudent solicitor would be well advised to ensure that the insurance company received written notice within seven days after the commencement of proceedings.
1 Citers


 
Hayward -v- Norwich Union Insurance Times, 08 March 2001; [2001] EWCA Civ 243; [2001] Lloyd's Rep IR 410
22 Feb 2001
CA
Peter Gibson LJ
Insurance, Consumer, Road Traffic
An insurance policy which exempted the company from liability when a car was stolen was phrased to apply 'while the keys had been left in the car' The claimant had been subject to a robbery whilst in the car, and been obliged to get out. The car was stolen. The court at first instance had construed the clause as including a requirement that the car be unattended. On appeal it was held that there was no possibility of importing such a condition. The clause was clear and had a clear and sensible purpose. . . . insurance policies are contracts to which the general rules of construction of contracts apply and that the starting point is that words are to be given their ordinary and natural meaning as understood from the background against which the words were used or the meaning which the document would convey to the reasonable man."
1 Citers

[ Bailii ]
 
Michael G S Law -v- Margarets Insurances Limited [2002] EWCA Civ 30
27 Feb 2001
CA
Simon Brown, Longmore LJJ
Insurance, Litigation Practice
The defendant sought to set aside a judgment entered against it for the cost of repairs to the claimant's boat engine, saying that they were not the insurers but merely the insurance brokers. Their appeal had been incorrectly prepared and had been dismissed. Held: Though this was a second level appeal, the judge had erred in having misunderstood the overriding objective so as to achieve a result which manifestly incorrect: Justice demanded that these relatively venial earlier errors should not have been regarded as incurable to the extent of allowing this apparently inappropriate judgment to stand. " Judgment in default was set aside.
1 Cites

[ Bailii ]

 
 Raffelsen Zentralbank Osterreich Ag -v- Five Star General Trading Llc and Others; CA 1-Mar-2001 - Times, 21 February 2001; Gazette, 01 March 2001; [2001] EWCA Civ 68; [2001] CLC 84; [2001] 3 All ER 257; [2001] Lloyds Rep IR 460; [2001] 1 LLR 597; [2001] 1 Lloyd's Rep 597; [2001] 1 All ER (Comm) 961; [2001] 2 WLR 1344; [2001] 1 QB 825

 
 White -v- White and The Motor Insurers Bureau; HL 1-Mar-2001 - Times, 06 March 2001; Gazette, 12 April 2001; [2001] UKHL 9; [2001] 2 All ER 43; [2001] 1 WLR 481; [2001] 1 LLR 679; [2001] 1 All ER (Comm) 1105; [2001] PIQR P20; [2001] 2 CMLR 1; [2001] 1 Lloyd's Rep 679; [2001] RTR 25; [2001] Lloyds Rep IR 493
 
Cork -v- Rawlins Times, 15 March 2001; Gazette, 03 May 2001
15 Mar 2001
CA

Insurance, Insolvency
The bankrupt had taken out insurance against disability. He came to make a claim. He asserted that the benefits were personal to him, and not to be taken by the trustee in bankruptcy for the benefit of creditors. The court held that the benefits were contractual, forming part of the bankrupts general estate. There was no precedent for excepting from the bankrupt's estate, assets on the basis of some close and personal connection with or dependence on the condition of the bankrupt.

 
Proceedings Brought by Forsakringsaktiebolaget Skandia (Publ) Times, 20 March 2001; C-240/99
20 Mar 2001
CA

VAT, Insurance
For a transaction to be exempt from VAT as an insurance transaction there had to be some contractual relationship between the insured and the company providing the cover against the risk. Here there was no sufficient connection the insurance services were bought from one company and payments made to another.
Sixth Council Directive 77/388/EEC on the harmonisation of laws relating to turnover taxes

 
Direct Line Insurance Plc -v- Khan and Another [2001] EWCA Civ 546
4 Apr 2001
CA

Insurance

1 Citers

[ Bailii ]
 
Commissioners of Customs and Excise -v- Cresta Holidays Ltd and Others Gazette, 05 April 2001; [2001] EWCA Civ 215
5 Apr 2001
ChD

Insurance, Torts - Other, Customs and Excise
Travel operators sold insurance on behalf of insurance companies who paid on Insurance Premium Tax. The level of tax was raised, but the increase was later found to be unlawful state aid. The operators sought a refund of the tax overpaid from the Commissioners. Such a claim could be made only under one of two provisions. One related to claims before payment, and the second to restitution. Since the claimants had not themselves paid the tax, there was no restitution, and the claim failed.
[ Bailii ]
 
AIG Europe S A -v- QBE International Insurance Ltd Times, 22 June 2001; [2001] EWHC 491 (Comm)
3 May 2001
ComC

Insurance
A re-insurance contract incorporated terms from the main contract. When asked to construe the incorporation of a clause granting exclusive jurisdiction. In doing so, it was held, that under the Brussels Convention the court had to look to the background circumstances. The words of incorporation themselves could not conclusively demonstrate a consensus as required by the convention, since jurisdiction clauses did not go to the underlying purpose of the contracts. The commercial background here was not sufficiently strong to demonstrate an intention to incorporate that clause.
Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968
1 Cites

1 Citers

[ Bailii ]
 
Aig Europe S.A. -v- QBE International Insurance Ltd [2001] EWHC 491 (Comm)
3 May 2001
ComC

Insurance

1 Cites

1 Citers

[ Bailii ]
 
HIH Casualty and General Insurance Limited -v- New Hampshire Insurance Company Independent Insurance Company Limited Axa Reinsurance S A [2001] EWCA Civ 735; [2001] 2 Lloyds Rep 161; [2001] LLR IR 224
21 May 2001
CA
Lord Justice Aldous Lord Justice Rix and Mr Justice Lloyd
Insurance, Contract
A claim was made under a re-insurance policy which supported film finances. The re-insurers resisted the claim on the grounds of misrepresentation. Rix LJ: "In principle it would seem to me that it is always admissible to look at prior contracts as part of the matrix or surrounding circumstances of a later contract. I do not see how the parol evidence rule can exclude prior contracts, as distinct from mere negotiations. The difficulty of course is that, where the later contract is intended to supersede the prior contract, it may in the generality of cases simply be useless to try to construe the later contract by reference to the earlier one. . Where, however, it is not even common ground that the later contract is intended to supersede the earlier contract, I do not see how it can ever be permissible to exclude reference to the earlier contract."
1 Cites

1 Citers

[ Bailii ]

 
 Lewis -v- Sun Life Assurance Company of Canada; CA 23-May-2001 - [2001] EWCA Civ 860

 
 Great North Eastern Railway Ltd -v- Avon Insurance Plc; CA 24-May-2001 - [2001] EWCA Civ 780; [2001] 1 Lloyd’s Rep 793
 
Matalan Discount Club Limited -v- Tokensprire Properties Limited & Richmond Cladding Systems Limited [2001] EWHC Technology 449
4 Jun 2001
TCC

Insurance

1 Cites

[ Bailii ]
 
HSBC Bank Plc -v- Liberty Mutual Insurance Company (Uk) Ltd Times, 11 June 2001
11 Jun 2001
ChD

Insurance, Banking, Contract
Where the draftsman of a contract appeared to have misused a word the court could depart from the dictionary meanings even if there was no ambiguity. This must first become apparent from the surrounding circumstances before the court could accept that it was to be driven to construe the contract in this way.

 
Demand Shipping Co Ltd [2001] EWHC Commercial 403
26 Jun 2001
ComC

Insurance, Transport

[ Bailii ]

 
 Gan Insurance Co Ltd -v- Tai Ping Insurance Co Ltd; CA 3-Jul-2001 - [2001] EWCA Civ 1047; [2001] 1 Lloyd’s Rep 667; [2001] All ER (D) 33; [2001] 2 All ER (Comm) 299
 
James Longley & Company Ltd -v- Forest Giles Ltd [2001] EWCA Civ 1242; [2002] 1 Lloyd's Rep IR 421
18 Jul 2001
CA
Potter LJ
Insurance, Construction
The claimant sought an indemnity from his insurers under the Public Liability Section of a standard Builders Contractors Policy. A sub-contractor who had spent money rectifying a defectively laid floor and who had been sued to judgment in contract by the general contractor for losses caused by delay. The relevant wording was: "All sums for which the Insured shall be liable at law for damages in respect of (a) bodily injury to any person; (b) Damage to property; (c) Obstruction loss of amenities trespass or nuisance; occurring during the period of Insurance and arising in connection with the Business. " The judge had decided that neither the cost of rectification nor the damages payable to the general contractor were within the cover. Held: The appeal failed. Potter LJ said: "It is not the usual intention, in a contractor's public liability insurance, to give cover in respect of defective workmanship which requires rectification but does not cause physical damage to the personal property of a third party or interference with a third party's property rights, as opposed to their purely economic interests."
1 Citers

[ Bailii ]
 
K/S Merc-Scandia XXXXII -v- Underwriters to Lloyd'S Policy 25T 1054 and Others Times, 03 September 2001; [2001] EWCA Civ 1275
31 Jul 2001
CA

Insurance
For the Act, an insurer could not rely upon an act of fraud to avoid a policy, where that act only took place after the contract was concluded, unless the circumstances were so serious as to allow termination for breach of contract. The scope of the obligation of good faith has been developed, and not every breach of the uberrimae fides principle will allow an avoidance. The fraud after the contract was concluded would have to be such as would ultimately affect the insurer's liability, in order to allow the section to bite. This will align the law of post-contract good faith with the insurer's contractual remedies. Here, the fraud would not affect the insurer's eventual liabilities.
Marine Insurance Act 1906 17
[ Bailii ]
 
HIH Casualty And General Insurance Limited and Others -v- The Chase Manhattan Bank and Others [2001] EWCA Civ 1250; [2001] 2 Lloyds Law Reports 161
31 Jul 2001
CA
Lord Justice Aldous Lord Justice Rix And Mr Justice Lloyd
Insurance, Media
Parties syndicating finance for a film obtained the security of an insurance which is designed to pay up to the sum insured, if the revenues generated by the film were insufficient to repay the loan finance plus associated expenses. The polices were supported by a 'truth of statement' policy, and the issue was the extent to which that applied as between the insurers and their own re-insurers.
1 Cites

1 Citers

[ Bailii ]
 
Syndicate 1242 at Lloyd's -v- Morgan Read & Sharman Ltd. [2001] EWHC 499 (Comm)
3 Aug 2001
ComC

Insurance

[ Bailii ]
 
Stuart Wilkie (AP) -v- Direct Line Insurance Plc [2001] ScotCS 220; [2001] ScotHC 103
19 Sep 2001
ScHC

Scotland, Insurance
The pursuer sought payment under his insurance after his house burnt down. The defenders said the claim was time barred, and that there had been material non-disclosure. The issue was whether payments made after the fire had acknowledged the claim so as to extend the limitation period. Held: Any qualification of the payments was not so clear as to make them properly without prejudice and the limitation challenge failed.
Prescription and Limitation (Scotland) Act 1973
1 Citers

[ Bailii ] - [ Bailii ] - [ ScotC ]
 
Imran Sarwar -v- Muhammad Alam Times, 11 October 2001; [2001] EWCA Civ 1401
19 Sep 2001
CA
Judge Halbert, District Judge Wallace
Litigation Practice, Damages, Costs, Legal Professions, Insurance
Litigation had followed an accident. The claimant, a passenger, sought and won damages for personal injuries. He had taken out legal expenses insurance, and at dispute was the recovery of the cost of that insurance. He had been unaware of having the insurance and had also paid out for after the event insurance. He sought to recover the costs of the legal expenses insurance. A challenge of a judge's award in costs only proceedings should only rarely succeed. In such questions, the danger of conflicts of interest between the various insurance companies is real, and had been provided for in the regulations. Solicitors should inspect the client's various policies to clarify what legal expenses insurance was available. The need to provide free choice of solicitors did not override common provisions for small cases referring such matters to insurance panel solicitors. In a case where a passenger sued his driver, it was not appropriate for his choice of solicitor to be determined by the defendant's insurers, and after the event legal expenses insurance was a proper and reasonable expense and should be recoverable.
Insurance Companies (Legal Expenses Insurance) Regulations 1990 - Conditional Fee Agreements Regulations 2000 - Civil Procedure Rules 44.12A
1 Cites

[ Bailii ]
 
Society of Lloyd's Jaffray and others [2001] EWCA Civ 1503
8 Oct 2001
CA

Insurance

[ Bailii ]
 
Society of Lloyd's -v- Jaffray and others [2001] EWCA Civ 1485
8 Oct 2001
CA

Insurance

[ Bailii ]
 
Jan De Nul (Uk) Limited -v- N V Royale Belge [2002] EWCA Civ 209; [2002] 1 Lloyd's Rep 583; [2002] Lloyd's Rep IR 589; [2002] 1 All ER (Comm) 767
10 Oct 2001
CA
Schiemann LJ, Hale LJ, Rix LJ
Insurance, Nuisance, Negligence, Damages
The contractor undertook to dredge a stretch of river. Due to his failure to investigate properly, the result was the release of substantial volumes of silt into the estuary, to the damage of other river users. His act amounted to a nuisance and a public nuisance. Could damages be recovered where the claimants had been unable to quantify their losses? However difficult that question, it was reasonable for the contractor to have taken steps to mitigate the potential loss. Held: The deposit of silt was a form of physical interference with the third parties' land.
1 Cites

1 Citers

[ Bailii ]
 
Direct Line Insurance Plc -v- Khan and Another [2001] EWCA Civ 1794; [2002] LRIR 364
11 Oct 2001
CA

Insurance
If part of an insurance claim is shown to be fraudulent, the entire claim is avoided.
1 Cites

1 Citers

[ Bailii ]

 
 Aneco Reinsurance Underwriting Limited (In Liquidation)(a Body Incorporate Under the Laws of Bermuda) -v- Johnson & Higgins Limited; HL 18-Oct-2001 - [2001] UKHL 51; [2002] 1 Lloyd's Rep 157
 
Burrows and others -v- Jamaica Private Power Company Ltd [2001] EWHC 488 (Comm)
29 Oct 2001
ComC

Insurance

[ Bailii ]
 
Monarch Assurance plc -v- Inland Revenue Commissioners Times, 26 November 2001; [2001] EWCA Civ 1681
9 Nov 2001
CA
Lord Justice Pill, Lord Justice Robert Walker and Mr Justice Laddie
Insurance, Income Tax
The section gave the Commissioners a discretion as to whether to certify an otherwise complying policy of life assurance under the Act, so as to allow tax relief on premiums. No mandatory duty to approve policies was set out.
Income and Corporation Taxes Act 1988
[ Bailii ]
 
Caple -v- Sewell and others [2001] EWCA Civ 1848; [2002] Lloyds IR Rep 626
9 Nov 2001
CA

Road Traffic, Insurance

1 Cites

1 Citers

[ Bailii ]
 
The Commissioner of Inland Revenue -v- Colonial Mutual Life Assurance Society Limited (Appeal No 64 of 2000) Appeal No 64 of 2000; [2001] UKPC 54
4 Dec 2001
PC
Lord Nicholls of Birkenhead Lord Browne-Wilkinson Lord Steyn Lord Hoffmann Sir Kenneth Keith
Insurance, Income Tax, Commonwealth
(New Zealand) The insurance company was taxed on the interest it charged to policyholders on late payments of life insurance and investment premiums. The Act had now been superceded. The Commissioner now appealed a dismissal of the charge. The debt was calculated as the arrears plus compounded interest. The Commissioner argued that the arrangement was by way of a loan advanced to the policyholder to pay the premium upon which interest was charged. The legislation divided insurance company income into investment income which was taxable, and premium income which wasn't. Held: There was no proper reason for distinguishing interest on late premiums from the premiums themselves, and the interest was not taxable.
Income Tax Act 1976 204 (New Zealand)
[ PC ] - [ PC ] - [ Bailii ]
 
Brotherton and others -v- Aseguradora Colseguros Sa and Another [2001] EWHC 498 (Comm)
18 Dec 2001
ComC

Jurisdiction, Insurance

[ Bailii ]
 
Morgan Grenfell & Co Ltd -v- Sace - Istituto Per i Servizi Assicurativi Del Commercio [2001] EWCA Civ 1932
19 Dec 2001
CA
Clarke, Mance, Dyson LJJ
Banking, Insurance, Litigation Practice
The claimants sought to recover under guarantees, issued by the respondent banks, underwriting export credit guarantees. Though described as guarantees, the agreements were in law and substance, contracts of insurance governed by Italian law. The respondents refused to pay alleging failure to disclose the absence of investigation of the financial viability of the payer. Held: The judge had had to find against a background of differing expert opinions on Italian Law and banking practice. These were for an English court, questions of fact, even though of a special nature. On an appeal against findings on such issues the Court of Appeal should be reluctant to reverse findings of fact. Italian insurance law differs from English law with respect to avoidance of liability of the insurer. In this case though the court differed from the judge as to its conclusions on Italian insurance and banking law, greater disclosure by the insured would not have affected the bankers minds, and the finding was upheld.
1 Cites

[ Bailii ]
 
HIH Casualty and General Insurance Ltd -v- Axa Corporate Solutions and Another [2001] EWHC 464 (QB); [2002] Lloyds Rep IR 325
21 Dec 2001
QBD
Jules Sher QC J
Insurance

1 Citers

[ Bailii ]
 
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