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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: 2002 To: 2002

This page lists 37 cases, and was prepared on 08 August 2015.

 
The Aliza Glazial [2002] 2 Lloyds Rep 421
2002
CA
Potter LJ
Insurance

1 Cites

1 Citers


 
The Demetra K [2002] 2 Lloyd's Rep 581
2002
CA
Lord Phillips of Worth Matravers MR
Contract, Insurance
The court set out the elements to be satisfied before ordering a rectification of a commercial contract, in particular, the need for an antecedent agreement with outward expression of a common intent, and convincing evidence sufficient to discharge the burden of proving a common mistake in translating the previous agreement into contractual form. Held: Those negotiating the contract each assumed that their agreement on a certain matter would have a certain effect, but they had never discussed and agreed upon that effect. There was not enough for rectification: "Mr Lee and Mr Mitchell plainly agreed that the Oct. 3 addendum should be deleted from the slip policy. We do not believe that either of them gave precise consideration to the effect of this deletion. It may be that Mr. Mitchell assumed that it would relieve the insurers from all risk arising from vandalism, sabotage and malicious mischief. It may be that Mr. Lee had a similar belief. If they both shared that belief this would not establish a claim for rectification of the policy." and "Where a policy provides cover against one of two or more concurrent causes of a casualty, a claim will lie under the policy provided that there is no relevant exclusion. Where, however, a policy contains an express exclusion of cover in respect of loss resulting from a specified cause, underwriters will be under no liability in respect of a loss resulting from that cause, notwithstanding the fact that there may have been a concurrent cause of the loss which falls within the cover."
1 Cites

1 Citers



 
 Tarbuck -v- Avon Insurance Plc; ChD 2002 - [2002] QB 571

 
 George Hunt Cranes Ltd -v- Scottish Boiler & General Insurance Co Ltd; CA 2002 - [2002] 1 All ER (Comm) 366; [2001] EWCA Civ 1964; [2002] Lloyd's Law Reports 178
 
Walton -v- Airtours Plc [2002] EWHC 712 (QB)
16 Jan 2002
QBD
Rich QC J
Insurance

[ Bailii ]
 
Bayview Motors Ltd -v- Mitsui Marine and Fire Insurance Company, Ltd and others [2002] EWHC 21 (Commercial)
23 Jan 2002
ComC

Transport, Insurance
Two consignments of motor vehicles had been misappropriated by customs officers at Santo Domingo. The insurers under a marine insurance policy resisted payment on the basis that the cover was concluded. Held: The occurrences giving rise to the claim occurred before the cover expired.
1 Cites

1 Citers

[ Bailii ]
 
The Lincoln National Life Insurance Co -v- Employers Reinsurance Corporation [2002] EWHC 28 (Commercial)
5 Feb 2002
ComC

Insurance, Jurisdiction

1 Citers

[ Bailii ]
 
Ace Insurance Sa-Nv -v- Surendranath Seechurn [2002] EWCA Civ 67; [2002] 2 Lloyds LR 390
6 Feb 2002
CA
Lord Justice Ward Lord Justice Thorpe And Lord Justice Keene
Limitation, Personal Injury, Insurance, Estoppel
The claimant sought payment under an insurance policy for his permanent disability. The judge had found that the defendant insurers had indicated a readiness to continue negotiations beyond the limitation period, and that they would apply for a stay if proceedings were issued whilst negotiations were under way. The insurers later claimed that his claim was out of time. He asserted that they were estopped from making that assertion. The insurance company appealed a finding against them. Held: An estoppel would require a clear promise with specific regard to the limitation period. It was unnecessary to explore the several different forms of estoppel. Hughes was to apply. There was to be shown a clear representation. It must be precise and unambiguous. The claimants interpretation of what was happening did not affect the objective view of the words used. The offer made was conditional upon the claimant submitting to further examination in any event, which he had not done. No estoppel was established.
1 Cites

1 Citers

[ Bailii ]
 
Caledonian North Sea Ltd -v- London Bridge Engineering Ltd and Others Times, 13 February 2002; [2002] UKHL 4
7 Feb 2002
HL
Lord Bingham of Cornhill, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Hoffmann and Lord Scott of Foscote
Insurance, Damages
Substantial personal injury claims had been settled following the Piper Alpha disaster. Where a contractual indemnity had been provided under a contract, and insurance had also been taken out, but the insurance had not been a contractual requirement, those giving the contractual indemnity must bear the primary liability. The insurer could claim subrogation to the indemnity claim in respect of the same loss.
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Woolley -v- P & B (Run-Off) Ltd Times, 18 February 2002; [2002] EWCA Civ 65
7 Feb 2002
CA
Lord Phillips Mr, Lord Justice Waller, And, Lord Justice Buxton
Insurance
The bylaw governed the form of agreements between Lloyds names, their agents and managing agents. The defendant contended that an agreement failing to comply with the requirement was void and unenforceable. Held: Failure to comply would lead to disciplinary sanctions, and there was no need to take that further to make an infringing agreement void. This would have the perverse effect of denying to the policyholder the protection for which the rules were established.
Lloyds of London Bylaw No 8 of 1988 Sch 2 - Lloyds Act 1982
[ Bailii ]
 
New Cap Reinsurance Corporation Ltd -v- HIH Casualty & General Insurance Ltd [2002] 2 BCLC 228; [2002] EWCA Civ 300
20 Feb 2002
CA

Insolvency, Insurance
Section 130(2) of the 1986 Act gives the court the freedom to do what is right and fair in all the circumstances.
Insolvency Act 1986 130(2)
[ Bailii ]
 
Society of Lloyd's -v- Sir William Jaffray and others [2002] EWCA Civ 235
21 Feb 2002
CA

Insurance

[ Bailii ]
 
Sunport Shipping Ltd and others -v- Atkin and others [2002] EWHC 253 (Comm)
27 Feb 2002
ComC
Cresswell J
Insurance

[ Bailii ]
 
Sunport Shipping Limited, Prometheus Maritime Corporation, Celestial Maritime Corporation, Surzur Overseas Limited -v- Tryg-Baltica International (UK) Limited, C N R Atkin Times, 05 April 2002; Gazette, 18 April 2002; [2002] EWHC 235 (Commercial)
27 Feb 2002
QBD
Mr Justice Cresswell
Insurance
A claim was made under a marine insurance policy. The policy incorporated the Institute War and Strikes Clauses, Hulls-Time of 1/10/83, and included a clause 'loss damage . . arising from . . Detainment . . by reason of infringement of any customs or trading regulations.' The ship was detained for possible involvement in illegal drugs importing to Greece. The insurers sought to deny liability under the clause. Held: The phrase should be interpreted to achieve a business-like result and to include provisions of law controlling imports and exports and regulation of the misuse of drugs. It had to be interpreted widely to allow for the need to recognise the laws of any country.
1 Citers

[ Bailii ]
 
Uddin and Another -v- Norwich Union Fire Insurance Society Ltd [2002] EWHC 276 (QB)
28 Feb 2002
QBD
His Honour Judge Richard Seymour Q.C.
Insurance
The claimant made a claim for fire damage. The insurance company resisted, saying he had exaggerated the costs incurred of alternative accommodation, and of jewelry lost in the fire, and otherwise. The claimant had given several differing accounts of his losses. Held: The evidence could not be believed, and the action against the insurance company failed. Recommendations were made for a police enquiry.
[ Bailii ]
 
Gan Insurance Company Ltd -v- The Tai Ping Insurance Company Ltd (No 3) [2002] EWCA Civ 248; [2002] CLC 870; [2002] Lloyds Rep IR 612
1 Mar 2002
CA
Lord Justice Brooke, Lord Justice Mance, And, Mr Justice Park
Insurance, Litigation Practice
Tai Ping had placed facultative insurance with Gan. The substantial risks were re-insured through various agencies. When a claim arose it was repudiated alleging misrepresentation. Gan asserted that Tai Ping had failed to co-operate in the investigation, and had not acted in a proper and businesslike manner. The judge refused an application to allow to be considered matters which had been raised in statements but not pleaded. Held: At this stage, the issues were clearly in need of being settled, and judgment under Order 24 was inappropriate.
1 Cites

1 Citers

[ Bailii ]
 
Agapitos and Another -v-Agnew and others Gazette, 18 April 2002; [2002] EWCA Civ 247
6 Mar 2002
CA
Lord Justice Brooke, Lord Justice Mance, And Mr Justice Park
Insurance
Insurers resisted a claim saying that fraudulent acts of the defendants to promote an otherwise valid claim, made the entire claim void. The insurance required certificates to be obtained before 'hot' works were undertaken as part of the ship's maintenance. The established principle being that any attempt to boost a claim fraudulently would invalidate the entire policy and claim. Did this apply to the use of fraudulent devices rather than the claims themselves? Held: The use of a fraudulent device to support an otherwise valid claim should be treated as a fraudulent claim. Once the parties are engaged in hostile litigation, the duty of good faith is replaced by the requirement to act in accordance with the rules of court. There is no effective distinction between the duration of impact of the fraudulent claim rule and any extension to the use of fraudulent devices to promote a claim, and the s.17 duty.
Marine Insurance Act 1906 17
1 Cites

1 Citers

[ Bailii ]
 
American Motorists Insurance Co (Amico) -v- Cellstar Corporation and Another [2002] EWHC 421 (Commercial); Times, 01 April 2003; [2002] EWHC 253 (Comm)
15 Mar 2002
ComC

Jurisdiction, Insurance
Parties sought leave to bring an action here in a context of several insurance and re-insurance contracts from differemt jurisdictions, but where the agreements themselves did not select a governing law. Held: The governing law of an insurance contract might be settled under two schemes, the 2000 Act, and the Rome Convention, embodied in the 1990 Act. The first contained no explicit provision attempting to regulate these contracts which went beyond the second, namely that a severable part of a contract which had a closer connection with another country might, as an exception, be subject to the jurisdiction of that country. It was sought to rely upon that exception here. However, the connections were clearly with Texas, and the common law requirements for giving jurisdiction to Texas were satisfied. The proceedings in England had been correctly stayed.
Financial Services and Markets Act 2000 - Contracts (Applicable Law) Act 1990
1 Citers

[ Bailii ] - [ Bailii ]
 
In re Claims Direct Test Cases Times, 04 April 2002; Gazette, 03 April 2002; [2002] EWCA Civ 333
19 Mar 2002
CA
Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Potter and Lady Justice Arden
Costs, Insurance, Personal Injury
The applicants sought to appeal on two matters where they had questions of practice in the conduct of personal injury claims. These were as to whether after-the-event cover purchased under section 29 amounted to insurance premiums, and the setting of how much was a reasonable sum to be recovered in such cases. Held: The Court of Appeal could only answer appeals from judgements. Its jurisdiction is appellate, and it was not appropriate to seek to deal with matters which had not yet been decided at first instance.
Access to Justice Act 1999 29
1 Cites

[ Bailii ]
 
Strive Shipping Corporation and Another -v- Hellenic Mutual War Risks Association "Grecia Express" [2002] EWHC 203 (Comm); [2002] Lloyds Rep IR 669; [2002] 2 All ER (Comm) 213; [2002] 2 Lloyd's Rep 88
25 Mar 2002
ComC

Transport, Insurance

1 Citers

[ Bailii ] - [ Bailii ]
 
Daniel -v- Gregory and others [2002] EWCA Civ 566
12 Apr 2002
CA

Torts - Other, Insurance

[ Bailii ]
 
James Budgett Sugars Ltd -v- Norwich Union Insurance Ltd [2002] EWHC 968 (Commercial); [2003] Lloyds Rep 110
15 May 2002
ComC
Moore-Bick J
Insurance
The insured sold contaminated sugar to a manufacturer of mincemeat so as to render it unmerchantable, the contamination was only discovered after the mincemeat had been sold on to end users. Held: Physical damage may be caused by the mere fact of incorporation of a defective or dangerous element into a previously sound article, the more obviously so when the material introduced is inextricably mixed with the original sound article. The insuring clause covered liabilities in respect of "obstruction trespass nuisance or interference with any right of way air light or water or other easement". This wording referred to "various infringements of legal rights relating to property."
1 Citers

[ Bailii ]
 
Feasey-v- Sun Life Assurance Company of Canada and Another: Steamship Mutual Underwriting Association (Bermuda) Ltd -v- Feasey Times, 17 June 2002; Gazette, 11 July 2002; [2002] EWHC 868 (Commercial)
17 May 2002
ComC
Mr Justice Langley
Insurance
The fact that there was more than one insurance policy in place for the same interest would not preclude a claim under one of them. A mutual underwriting group insured members against personal injury and so forth through 'lineslip' policies. The insurance company declined to pay out under the Act. Held: The purpose of the Act was to prevent gaming with life policies, by ensuring that the policy owner had an interest in the event insured. The court should consider only whether the insurable interest it had found for section 1, had been insured in a manner which could be characterized as gaming or wagering at the time of the insurance contract.
Life Assurance Act 1774 1 2
1 Cites

1 Citers

[ Bailii ]
 
Alegrete Shipping Co Inc (Owners of the Ship "Sea Empress") and Another -v- The International Oil Pollution Compensation Fund 1971 and others [2002] EWHC 1095 (Admlty)
29 May 2002
AdCt
David Steel J
Transport, Insurance
The claimants sought recovery of their loss profits under an insurance policy, after the loss of the Sea Empress. Held: Their claim for loss of profits did not constitute "damage caused …. by contamination resulting from the discharge or escape" of oil from the Sea Empress within the meaning of the section.
Merchant Shipping Act 1995 Sch4 153
1 Cites

1 Citers

[ Bailii ]
 
Barrett (HM Inspector of Taxes) -v- Royal London Mutual Insurance Society Ltd [2002] STC 1020
5 Jul 2002
ChD
Peter Smith J
Corporation Tax, Insurance
Paragrapgh 57(2) of Schedule 8 to the Finance Act 1995, which provides that section 442A of the Taxes Act 1998 "does not apply in relation to the reinsurance of a policy or contract where the policy or contract was made, and the reinsurance arrangement effected, before 29 November 1994", provided an indication that the opening clause of paragraph 55(2) referred to the underlying policy or contract. A reinsurance contract was not a "policy or contract" within the relevant provisions.
Finance Act 1995 Sch8 Par55
1 Cites

1 Citers


 
Agapitos and Another -v- Agnew and others [2002] EWHC 1558 (Commercial); [2003] QB 556
24 Jul 2002
ComC

Insurance
The common law principle governing fraudulent claims has a separate origin and existence to any principle that exists under or by analogy with s.17 of the Act.
Marine Insurance Act 1906 17
1 Citers

[ Bailii ]

 
 Nima SARL -v- The Deves Insurance Public Company Ltd; The Prestrioka; CA 30-Jul-2002 - Gazette, 03 October 2002; Times, 17 October 2002; [2002] EWCA Civ 1132; [2003] 2 Lloyd's Rep 327

 
 HIH Casualty & General Insurance Ltd -v- AXA Corporate Solutions; CA 31-Jul-2002 - [2002] EWCA Civ 1253
 
Bertram Breach -v- Lloyds TSB Insurance [2002] EWCA Civ 1818
7 Oct 2002
CA
Arden LJ
Insurance
The insured sought leave to appeal dismissal of his claim for payment under a policy of insurance. The claim had been dismissed for an alleged fraudulent claim for lost computers. Held: With sympathy for the claimant, leave was refused.
[ Bailii ]
 
Catherine Withers -v- Samantha Delaney and Motor Insurers' Bureau of Ireland (Order) C-158/01; [2002] EUECJ C-158/01
14 Oct 2002
ECJ

European, Transport, Personal Injury, Insurance
Reference for a preliminary ruling: Circuit Court, County of Cork - Ireland.
[ Europa ] - [ Bailii ]
 
Countrywide Assured Group plc and others -v- Marshall and others (AIG Europe (UK) Ltd and others intervening) Gazette, 14 November 2002
15 Oct 2002
QBD
Morrison J
Insurance, Professional Negligence
The claimants sought payments under professional indemnity policies, allowing for excesses on individual claims. The insurer sought to limit its overall liability to any policy holder saying that the acts of mis-selling were to be viewed as part of a series, being 'occurrences of a series [of claims] attributable to one source or original cause.' Held: The words were clear. The excesses were not to be aggregated, but the claims for the purposes of the limit were to be aggregated. The plain meaning of the words should not be distorted.

 
Walton -v- Airtours Plc and Another [2002] EWCA Civ 1659
5 Nov 2002
CA

Insurance

[ Bailii ]
 
Bayview Motors Ltd -v- Mitsui Marine and Fire Insurance Company Ltd and others Times, 02 December 2002; Gazette, 09 January 2003
7 Nov 2002
CA
Tuckey, Hale, LJJ, Sir Denis Henry
Insurance, Transport
Two consignments of motor vehicles were protected in transit by a marine insurance. They were misappropriated at the port of landing. The insurers appealed a finding that the cars were still insured. Held: The theft by an officer of the state did not amount to a seizure. The transit clause had to be looked at as a whole. It referred to movement to a named destination. Where the consignment was to go to one place and then another, cover only ended under the clause when collected by the consignee.
Institute Cargo Clauses
1 Cites



 
 Assicurazioni Generali Spa -v- Arab Insurance Group (BSC); CA 13-Nov-2002 - Times, 29 November 2002; Gazette, 23 January 2003; [2002] EWCA Civ 1642; [2003] 1 WLR 577; [2003] Lloyds Rep IR 131; [2003] 1 All ER (Comm) 140
 
Kastor Navigation Co Ltd and Another -v- AGF M A T and others ("Kastor Too") [2002] EWHC 2601 (Comm); [2003] 1 All ER (Comm) 277; [2003] 1 Lloyd's Rep 296
4 Dec 2002
ComC
Tomlinson J
Insurance, Litigation Practice
The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore a constructive total loss ('CTL'). They said the cause of the loss was not the fire, and the loss was uninsured. Held: Abandonment of the subject-matter insured will take place by operation of law when the underwriters settle the claim. Section 61 is thus satisfied. The insured has been deprived of his right of choice envisaged by Section 61. He has no option but to treat the vessel as a total loss. Section 62(7) says in terms that notice of abandonment is unnecessary where when the insured receives information of the loss there would be no possibility of benefit to the insurer if notice were given to him. The Claimants were entitled to recover as for a CTL.
Marine Insurance Act 1906 6162(7) 77(2)
1 Cites

1 Citers

[ Bailii ]
 
In re the Financial Markets and Services Act 2000; WASA International (UK) Insurance Co Ltd and Another -v- WASA International Insurance Co Ltd (Sweden) Times, 31 December 2002; [2002] EWHC 2784 (Ch)
10 Dec 2002
ChD
Park J
Insurance, Financial Services
The court had made an order transferring the insurance business of the company. The question arose as to whether it also had the right to transfer the benefit of contracts of re-insurance, which could at common law, only be transferred by consent of the insurer. Held: The Act contained the power in section 112 to make such orders even where the insured could not itself assign the contract.
Financial Markets and Services Act 2000 111 112(2)(a)
[ Bailii ]
 
Stuart Jeremy Peter Wilkie -v- Direct Line Insurance Plc
12 Dec 2002
OHCS
Lord Drummond Young
Scotland, Insurance

1 Cites

1 Citers

[ ScotC ]
 
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