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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: 2004 To: 2004

This page lists 62 cases, and was prepared on 08 August 2015.

 
Super Chem Products Limited -v- American Life and General Insurance Company Limited and Others [2004] UKPC 2; Times, 28 January 2004; [2004] 2 All ER 358
12 Jan 2004
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Lord Rodger of Earlsferry, Sir Kenneth Keith
Commonwealth, Insurance
PC (Trinidad and Tobago) A fire occurred at premises in which the stock was insured under two policies. Both insurers denied the claims alleging arson, and that it was out of time. The claimant said that the insurer having argued for fraud, had repudiated the contract and couild not therefore now rely upon a clause within it as a second string defence. Held: In a fire insurance context, despite a repudiatory breach of contract, obligations under the contract survive until the breach is accepted by the innocent party as terminating the contract. Jureidini is not an authoritative decision on insurance law or general contract law. The insurers were not precluded from relying upon the clause even though fraud might have been alleged. No waiver or estoppel had been established simply by negotiating. There had been no agreement to extend the time bar.
PC Lord Steyn: "Contract law cannot and does not prevent an insurer from resisting a claim on alternative bases, one involving an allegation of fraud and the other breaches of policy conditions."
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Eagle Star Insurance Co Ltd -v- Games Video Co (Gvc) Sa [2004] EWHC 15 (Comm)
16 Jan 2004
ComC

Transport, Insurance

[ Bailii ]
 
Pickett -v- Motor Insurers' Bureau [2004] EWCA Civ 6
22 Jan 2004
CA

Road Traffic, Insurance

[ Bailii ]
 
Glencore International A G -v- Alpina Insurance Company Limitedand others [2004] EWHC 66 (Comm)
23 Jan 2004
ComC
The Hon Mr Justice Moore-Bick
Insurance, Transport

[ Bailii ]
 
Pilkington United Kingdom Limited -v- CGU Insurance Plc [2004] EWCA Civ 23
28 Jan 2004
QBD
Mr Justice Charles Lord Justice Jonathan Parker Lord Justice Potter
Construction, Insurance
The claimants had installed glass tiles in a roof. They fractured, and facing a claim for damages, they sought payment from their insurers. The claimants argued that the risk of fracture meant that the damage occurred upon installation, the insurers contended that liability arose only as tiles broke. Held: To construe the insuring clause as if an occurrence could include mere damage caused by the commodity to itself, would fail to give effect to the natural meaning of the language which contemplates that physical damage will be caused by the commodity to something else. The damage claimed was not within the cover provided by the insuring clause.
1 Cites

[ Bailii ]
 
Society of Lloyd's -v- Laws and others [2004] EWHC 71 (Comm); [2004] EWHC 130 (Comm)
28 Jan 2004
ComC
The Honourable Mr Justice Cooke
Torts - Other, Professional Negligence, Insurance

1 Cites

[ Bailii ] - [ Bailii ]
 
Malekout -v- Allied Dunbar Assurance Plc [2004] EWCA Civ 192
3 Feb 2004
CA
The President (Dame Elizabeth Butler-Sloss) Lord Justice Clarke Lord Justice Sedley
Insurance
The claimant appealed refusal of his claim under a Personal Retirement Policy. The issue was as to his right to a waiver of contributions benefit from inception or at all. He had been a dentist, but suffered an injury which became progressively more disabling. The judge found this to be a congenital condition combining with his work to produce the disablment. Held: The clause was ambiguous. "it should be construed, so far as necessary, against the respondent as proferens and in favour of the policy holder. It follows that the judge was wrong to hold that the TOS could not be a condition within the meaning of the definition. "
1 Cites

1 Citers

[ Bailii ]
 
Centre Reinsurance International Co and Another -v- Curzon Insurance Ltd Times, 27 February 2004; [2004] EWHC 200 Ch; Gazette, 18 March 2004; [2004] 2 All ER (Comm) 28
12 Feb 2004
ChD
Blackburne J
Insurance
It was a necessary part of the system of statutory transfers of insurance obligations under the Act, that the rights should be transferred before exhaustion of any policy excess, and notwithstanding the insolvency. The rights (inchoate at this stage) are transferred on insolvency even where there is an, as yet unreached, excess in the policy of insurance. The benefit of the insurance policy should not become part of the insolvent estate. The court refused to make a blanket order authorising claims handling expenditure by the insurers in general terms: "While . . . it may be true that the reinsurers' exercise of claims handling may be of benefit to T&N's creditors, the reinsurers' prime concern is to protect their own interests. The transfer of claims handling rights to the reinsurers is not something which the administrators desire. On the contrary, they are anxious to have control themselves of claims handling in what they see as the best interests of T&N and its creditors. The reinsurers have power to give back control of claims handling to T&N (in effect to the administrators) but the issue assumes that they decline to do so.
In these circumstances, it is difficult to see why the court should direct, in exercise of its power to regulate the conduct of an administration, that the cost to the insurers of conducting claims handling in pursuit of their own interests (in circumstances where, as the issue assumes, the cost of so doing is one which, under the policy, is recoverable in any event from T&N) should enjoy an elevated status as against the claims of others against T&N by treating it as an expense of the administration ahead of T&N's other pre-administration creditors. There is no injustice in this. If the reinsurers wish to avoid the risk of non-recovery of their claims handling expenses (a circumstance which can only occur if the ultimate net loss never exceeds the retained limit, since, once the retained limit is attained, it will be open to the reinsurers to set-off any un-recovered claims handling costs against the £500m limit of insurance), they can return claims handling to T&N."
Third Parties (Rights Against Insurers) Act 1930 1(1)
1 Cites

1 Citers


 
Healy -v- Corporation of Lloyds [2004] EWCA Civ 262
24 Feb 2004
CA

Employment, Insurance, Damages

[ Bailii ]
 
Lincoln National Life Insurance Company -v- Sun Life Assurance Company of Canada and others [2004] EWHC 343 (Comm)
26 Feb 2004
ComC

Arbitration, Insurance

[ Bailii ]
 
Goodway and Another -v- Zurich Insurance Company [2004] EWHC 137 (TCC)
27 Feb 2004
TCC

Insurance
The claimant sought to enforce performance of the terms of a Tomlin Order.
[ Bailii ]
 
Crossley -v- Faithfull and Gould Holdings Ltd [2004] EWCA Civ 293; Times, 29 March 2004; Gazette, 08 April 2004
16 Mar 2004
CA
Sir Andrew Morritt VC, Dyson LJ, Thomas LJ
Employment, Insurance, Negligence
The employee claimant was to retire. On his employer's negligent advice he resigned and opted for discretionary benefits. Held: The employer owed no general duty of care to an employee's financial interests. Nor could a term requiring such a standard of care be implied within the contract. Rather than focus upon necessity, it was better to before such a standard term could be implied, the court should assess its reasonableness, fairness, and the appropriate balance between employer and employee. Given that the House of Lords had recently refused to introduce such a substantial implied term, it would be wrong for the Court of Appeal to do so.
1 Cites

[ Bailii ]

 
 Marine Blast Ltd -v- Targe Towing Ltd and Another; CA 26-Mar-2004 - [2004] EWCA Civ 346

 
 Pirelli General Plc and others -v- Gaca; CA 26-Mar-2004 - [2004] EWCA Civ 373; Times, 02 April 2004; [2004] 1 WLR 2683; [2004] 3 All ER 348
 
Nationwide General Insurance Company & Nationwide Mutual Insurance Company and Another -v- North Atlantic Insurance Company Ltd and others [2004] EWCA Civ 423
2 Apr 2004
CA

Insurance

[ Bailii ]
 
Charis Manolakaki -v- John Constantinides, Michael Lange (on Behalf of Lloyd's Syndicate 1208 (Cox)) [2004] EWHC 749 (Ch)
2 Apr 2004
ChD
The Honourable Mr Justice Peter Smith
Professional Negligence, Insurance

[ Bailii ]
 
Assicurazioni Generali Spa -v- CGU International Insurance Plc [2004] EWCA Civ 429
6 Apr 2004
CA
Lord Justice Peter Gibson Lord Justice Tuckey Sir Martin Nourse
Insurance
Meaning and effect of a follow the settlements clause in a reinsurance contract.
[ Bailii ]
 
Horbury Building Systems Limited -v- Hampden Insurance Nv [2004] EWCA Civ 418
7 Apr 2004
CA
Lord Justice Peter Gibson Lord Justice Mance Lord Justice Keene
Insurance, Construction

1 Cites

[ Bailii ]
 
Royal & Sun Alliance Insurance Plc -v- Dornoch Ltd and others [2004] EWHC 803 (Comm)
22 Apr 2004
ComC

Insurance

[ Bailii ]
 
Regina on the Application of Dr Julian West -v- Lloyd's of London [2004] EWCA Civ 506
27 Apr 2004
CA
Lord Justice Mummery Lord Justice Brooke Lord Justice Dyson
Insurance

[ Bailii ]
 
Munchener Ruckversicherungsgesellschaft (Trading As Munich Reinsurance Company) -v- Commonwealth Insurance Company [2004] EWHC 914 (Comm)
28 Apr 2004
ComC
The Honourable Mr Justice Morison
Jurisdiction, Insurance
Challenge to leave to serve proceedings on Canadian defendant.
1 Citers

[ Bailii ]
 
David George King and others -v- Brandywine Reinsurance Co (Uk) Ltd, Formerly Known As Cigna Re Co (Uk) Ltd [2004] EWHC 1033 (Comm)
11 May 2004
QBD
Mr Justice Coleman Colman
Environment, Insurance

[ Bailii ]
 
Mayban General Assurance Bhd, AMI Insurans Bhd, Malaysian International Insurance Bhd, Syarikat Takaful Malaysia Bhd -v- Alstom Power Plants Ltd, Alstom T and D Ltd [2004] EWHC 1038 (Comm); [2004] 2 Lloyd's Rep 609; [2004] 2 CLC 682; [2005] Lloyd's Rep IR 18
11 May 2004
QBD
Mr Justice Moore-Bick
Insurance
An electrical transformer was shipped from Ellesmere Port to Rotterdam and there transferred to a container vessel for carriage to Lumut. Severe weather was encountered, but not such as a commercial person would regard as falling outside the range of what could reasonably be expected in the seas in question at that time of year. When it arrived at site, it was found to be seriously damaged and a claim was made under the policy of insurance. The insurers (under an 'all risks' policy) said that the damage had resulted from the transformer's inability to withstand the ordinary incidents of carriage by sea from the United Kingdom to Malaysia during the winter months, and rejected the claim on the grounds that the loss was caused by inherent vice. Held. The immediate cause of the damage to the transformer was the violent movement of the vessel due to the actions of the wind and sea: "These in themselves were certainly events of a fortuitous nature and they were external to the cargo, but were they the real cause of the loss?"
The loss was caused by the inability of the transformer to withstand the ordinary conditions of the voyage rather than by the occurrence of conditions which it could not reasonably have been expected to encounter.
Moore-Bick J said: "The expression "all risks" is used in policies of insurance as a convenient way of encompassing all insurable risks to which the property in question may be exposed without attempting to identify them individually. The contract nonetheless remains one under which the insurer accepts the risk of loss occurring through the occurrence of some peril acting on the property insured. A number of consequences follow from this. The first is that in order to recover under the policy the insured must prove that the loss was caused by an accident or casualty of some kind. Insurers accept the risk, but not the certainty, of loss. The second is that although the insured must prove a loss by an accident of some kind, it is not necessary for him to go further and establish the exact nature of the accident by which it occurred. The third is that the policy does not cover the insured against loss due to wear and tear or the inherent vice of the thing insured, whether that loss was bound to occur or was fortuitous in the sense that its occurrence depended on the particular circumstances to which the goods happened to be exposed in the course of the voyage." and "The action of the winds and waves is, of course, an inevitable incident of any voyage and is therefore a hazard to which all goods carried by sea are necessarily exposed. Goods tendered for shipment must therefore be capable of withstanding the forces that they can ordinarily be expected to encounter in the course of the voyage and these may vary greatly depending on the route and the time of year. In a case such as the present, therefore, the competing causes, namely, perils of the sea and inherent vice, are to a large extent opposite sides of the same coin. If the conditions encountered by the vessel were more severe than could reasonably have been expected, it is likely that the loss will have been caused by perils of the sea (though even then there might be evidence that the goods would have suffered the same degree of damage under normal conditions). If, however, the conditions encountered by the vessel were no more severe than could reasonably have been expected, the conclusion must be that the real cause of the loss was the inherent inability of the goods to withstand the ordinary incidents of the voyage."
1 Cites

1 Citers

[ Bailii ]
 
Morgan Grenfell Development Capital Syndications Ltd etc) -v- Arrows Autossports Ltd [2004] EWHC 1015 (Ch)
11 May 2004
ChD
Lindsay The Honourable Mr Justice Lindsay
Contract, Insurance
Liability under indemnity
1 Cites

[ Bailii ]
 
Goshawk Syndicate Management Limited, Svb Syndicate Limited, Goshawk Dedicated (No.2) Limited, Svb Underwriting Limited -v- Xl Speciality Insurance Company [2004] EWHC 1086 (Comm)
14 May 2004
ComC
The Honourable Mr Justice Morison
Insurance, Company

1 Citers

[ Bailii ]
 
Eagle Star Insurance Company Limited -v- J N Cresswell & others [2004] EWCA Civ 602
18 May 2004
CA
Lord Justice Chadwick Lord Justice Rix Lord Justice Longmore
Insurance

[ Bailii ]
 
Paul Toomey of Syndicate 2021 -v- Banco Vitalicio De Espana Sa De Seguros Y Reasseguros [2004] EWCA (Civ) 622
18 May 2004
CA
Vice-Chancellor, The Vice-Chancellor Lord Justice Dyson Lord Justice Thomas
Insurance

1 Cites

[ Bailii ]
 
Toomey of Syndicate 2021 -v- Banco Vitalicio De Espana Sa De Seguros Y Reasseguros [2004] EWCA Civ 685
18 May 2004
CA

Insurance

1 Citers

[ Bailii ]
 
First National Tricity Finance Ltd -v- OT Computers Ltd; In re OT Computers Ltd (in administration) [2004] EWCA Civ 653; Times, 31 May 2004; [2004] Ch 317
25 May 2004
CA
Lord Justice Kay, Lord Justice Longmore, Lord Justice Parker
Insurance, Insolvency
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company's administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the 1930 Act which was not restricted solely to liabilities in tort. There had been differing interpratations of the Act, but not so as to demonstrate any ambiguity in the Act so as to allow admission of parliamentary evidence under Pepper v Hart. Lord Justice Longmore: "the question of the date of transfer to the third party of the rights of the insured against the insurer should now . . be regarded as conclusively determined . . in favour of the view that the transfer takes place on the event of insolvency."
Third Parties (Rights Against Insurers) Act 1930 - Consumer Credit Act 1974
1 Cites

1 Citers

[ Bailii ]
 
Qualifying Insurers Subscribing To Arp and Another -v- Ross & Co and Another [2004] EWHC 1181 (Ch)
25 May 2004
ChD
Vice-Chancellor
Legal Professions, Insurance

[ Bailii ]
 
Ramco (Uk) Ltd -v- International Insurance Company of Hanover [2004] EWCA Civ 675
28 May 2004
CA
Lord Justice Waller Lord Justice Jonathan Parker Lord Justice Longmore
Insurance

1 Cites

1 Citers

[ Bailii ]
 
Re-Source America International Ltd. -v- Platt Site Services Ltd. & Another, Barkin Construction Ltd [2004] EWCA (Civ) 665
2 Jun 2004
CA
Lord Justice Laws Lord Justice Tuckey Lord Justice Brooke
Insurance, Construction, Negligence, Damages
"Section 2 of the 1978 Act is not expressed exclusively in terms of causative responsibility for the damage in question, although obviously the court must have regard to this, as the section directs, and it is likely to be the most important factor in the assessment of relative responsibility which the court has to make. But in the result the court's assessment has to be just and equitable and this must enable the court to take account of other factors as well as those which are strictly causative. Such an assessment made by a trial judge will only be altered on appeal if it is clearly wrong."
Civil Liability (Contribution) Act 1978 2
1 Citers

[ Bailii ]
 
AB and others -v- British Coal Corporation and Coal Mining Contractor Defendants [2004] EWHC 1372 (QB)
22 Jun 2004
QBD
The Honourable Sir Michael Turner
Insurance, Negligence

Civil Liability Act 1978
1 Cites

1 Citers

[ Bailii ]
 
Philip Owen Lloyd-Wolper -v- Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore [2004] EWCA Civ 766; Times, 06 August 2004; [2004] 3 All ER 741; [2004] 1 WLR 2350
22 Jun 2004
CA
Lord Justice Pill, Lord Justice Rix
Insurance, Road Traffic, Personal Injury
The first defendant drove a car belonging to his father and insured by his father. The father consented to the driving but under a mistaken belief that his son was licensed. The claimant was injured by the defendant in a road traffic accident. Held: For insurance purposes, the father could validly permit the driving when under a mistake. A permission which would arise only subject to and upon the fulfillment of a condition was not a permission until that condition was fulfilled, but a permission given did not cease to be one only such for mistake. There was no relevance in different kinds of mistake.
Pill LJ said: "permission does not cease to be permission for the purposes of the statute because, in good faith, the person giving it believes that the person to whom it is given is covered by the policy when in fact the person is not."
Road Traffic Act 1988 151
1 Cites

1 Citers

[ Bailii ]
 
Heath Lambert Limited -v- Sociedad De Corretaje De Seguros, Banesco Seguros Ca [2004] EWCA Civ 792; Times, 02 July 2004
25 Jun 2004
CA
Lord Justice Clarke Lord Justice Wall Lord Phillips Of Worth Matravers, Mr
Jurisdiction, Limitation, Insurance
Out of various claims under insurances, one claim, for the payment of a premium on a policy of reinsurance remained. It provided that it was payable 90 days after the contract and in cash. Held: The words indicated that the obligation to pay began not with the contract but after the expiry of the 90 day period. Accordingly, the limitation period ran from that time, and the claim remained live.
Marine Insurance Act 1906 53(1)
1 Cites

1 Citers

[ Bailii ]
 
If P & C Insurance Limited (Publ.) -v- Silversea Cruises Limited, Silver Cloud Shipping Company Sa, Silver Wind Shipping Company Sa, Silversea New Build One Limited, Silversea New Build Two Limited&Quot;the Silver Cloud&Quot; [2004] EWCA Civ 769; Times, 13 August 2004
5 Jul 2004
CA
Lord Justice Mummery Lord Justice Rix Lord Justice Ward
Insurance
The shipping company was insured against loss of business following Acts of war. It sought to claim after the attack on America in September 2001. Held: The policy had a limitation which applied 'in the annual aggregate and in all' which therefore prevented separate sums in respect of each ship exceeding this sum in total. The single day of terrorist attacks in New York and Washington were unlikely to be called an act of war or armed conflict by men of business. The phrase 'armed conflict' implied continuity, but this was not essential for the present case.
1 Cites

1 Citers

[ Bailii ]
 
HIH Casualty and General Insurance Limited -v- JLT Risk Solutions Limited (Formerly Lloyd Thompson Limited) Hollywood 1,2 and 3 ('7.23'/'Rojak'/'Award') [2004] EWHC 1687 (Comm)
13 Jul 2004
QBD
The Honourable Mr Justice Langley
Insurance, Media, Torts - Other

[ Bailii ]
 
Travelers Casualty and Surety Company of Europe Ltd and others -v- Arkwright and others [2004] EWHC 1704 (Comm)
16 Jul 2004
ComC

Jurisdiction, Insurance

[ Bailii ]
 
Wise (Underwriting Agency) Ltd and others -v- Grupo Nacional Provincial S.A. [2004] EWCA Civ 962
20 Jul 2004
CA
Lord Justice Peter Gibson Lord Justice Longmore Lord Justice Rix
Insurance
Reinsurance of cargo cover for a Cancun retailer's imports of luxury goods from Miami. The essence of the dispute was the reinsurers' complaint that they were not told that the retailer imported Rolex and other high-value branded watches.
[ Bailii ]
 
Friends Provident Life and Pensions Limited -v- Sirius International Insurance Corporation, Guardian Assurance Plc, Royal and Sun Alliance Insurance Plc, The Scottish Lion Insurance Company Limited, Lf Insurance Company Limited [2004] EWHC 1799 (Comm)
22 Jul 2004
QBD
The Hon Mr. Justice Moore-Bick
Insurance

1 Citers

[ Bailii ]
 
Nicholas Wooldridge (As Representative of Lloyd'Sproperty Consortium Syndicate 9091) -v- Canelhas Comercio Importacao E Exportacao Ltda [2004] EWCA Civ 984
26 Jul 2004
CA
Lord Justice Mance Lord Justice Thorpe Mr Justice Munby
Insurance

[ Bailii ]
 
Midland Mainline Ltd and others -v- Eagle Star Insurance Company Ltd [2004] EWCA Civ 1042; [2004] 2 Lloyds Rep 604; [2004] All ER (D) 499; [2004] Lloyds Rep IR 739
28 Jul 2004
CA
Sir Martin Nourse
Insurance
There can be more than one proximate cause of a loss.
1 Citers

[ Bailii ]
 
The Society of Lloyd's -v- Levy, Levy, Johnson, Johnson [2004] EWHC 1860 (Comm)
30 Jul 2004
QBD
Mr Justice Morison
Insurance

[ Bailii ]
 
Chubb Insurance Company of Europe S.A.Andvivian Davies -v- Herbert Black, American Iron & Metal Company Incorporated, Lito Trade Incorporated [2004] EWHC 2138 (Comm)
23 Sep 2004
QBD
The Honourable Mr Justice Langley
Company, Contract, Insurance
Enforcement of contract of indemnity under guarantee of company given by director. Insurance claim.
[ Bailii ]

 
 Tioxide Europe Limited -v- CGU International Insurance Plc and others; QBD 23-Sep-2004 - [2004] EWHC 216 (Comm); [2004] EWHC 2116 (Comm)
 
Royal & Sun Alliance Insurance Plc -v- Retail Brand Alliance Inc [2004] EWHC 2139 (Comm)
24 Sep 2004
QBD
The Honourable Mr Justice Langley
Insurance, Jurisdiction
The claimant sought payment under their insurance policy for damage from interruption to their business after the terrorist attack in New York on September 11, 2001. Proceedings had also been commenced in jurisdictions in the US. Held: This was not a case where jurisdiction was resolved as of right, and it was for the defendant to establish that the UK was the proper forum. The need to construe different parts of the policy and overlapping policies in one jurisdiction, and the locus of the business and loss all were factors suggesting that the natural forum would be in the US. Order accordingly.
1 Cites

[ Bailii ]
 
Lumbermens Mutual Casualty Company -v- Bovis Lend Lease Limited [2004] EWHC 2197 (Comm)
5 Oct 2004
QBD
The Honourable Mr Justice Colman
Insurance, Construction

[ Bailii ]
 
North Star Shipping Ltd. and others -v- Sphere Drake Insurance Plc and others [2004] EWHC 2457 (Comm)
27 Oct 2004
ComC
Colman J
Transport, Insurance

[ Bailii ]
 
Tektrol Limited -v- International Insurance Company of Hanover Limited, Great Lakes Reinsurance (Uk) Limited [2004] EWHC 2473 (Comm
3 Nov 2004
ComC
Mr Justice Langley
Insurance

[ Bailii ]

 
 Keeley (Widow of Terence Noel James Keeley Deceased) -v- Pashen and Wren Motor Syndicate 1202 at Lloyd's; CA 10-Nov-2004 - [2004] EWCA Civ 1491; Times, 17 November 2004; [2005] 1 WLR 1226
 
Blackburn Rovers Football and Athletic Club Plc -v- Avon Insurance Plc, Eagle Star Insurance Company Ltd, AGF Insurance Ltd IC Insurance Ltd [2004] EWHC 2625 (Comm)
15 Nov 2004
ComC
The Hon Mr. Justice Moore-Bick
Insurance
The claimant football club insured its players through the defendants. A footballer injured himself in training and his career was finished. The insurers rejected the claim, and relied upon exception clauses, saying that the true cause was a degenerative condition. Held: The contract was unfortunately worded, and could best be understood in its commercial sense by omitting surplus words. The result was an exclusion clause protecting the insurers. "to give proper effect to the parties’ intentions the reference to arthritic or other degenerative conditions in joints, bones, muscles, tendons or ligaments must be construed as referring to conditions of sufficient severity to be regarded as an illness or an ailment and not to conditions that are merely a reflection of the normal ageing process, or what in another context might be described as "ordinary wear and tear"."
1 Cites

1 Citers

[ Bailii ]
 
R+V Versicherung AG -v- Risk Insurance and Reinsurance Solutions SA, Reass France SARL, Reass SARL, Risk Insurance and Reinsurance Solutions Ltd [2004] EWHC 2682 (Comm)
18 Nov 2004
ComC
The Hon Mr. Justice Moore-Bick
Insurance

1 Citers

[ Bailii ]
 
Whitlam -v- Hazel for Lloyds Syndicate 260 (T/A K6M Motor Policies at Lloyds) [2004] EWCA Civ 1600
2 Dec 2004
CA

Insurance, Road Traffic
Motor insurer seeking to avoid policy for non-disclosure by insured that trainee golf-pro.
[ Bailii ]
 
Sirius International Insurance Company (Publ) -v- FAI General Insurance Limited and others [2004] UKHL 54; Times, 03 December 2004; [2004] 1 WLR 3251; [2005] 1 All ER 191
2 Dec 2004
HL
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood
Banking, Contract, Insurance
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge. Held: The appeal was allowed. The agreement was intended to put the arbitration behind the parties. A commercial contract should be interpreted in a way which reflected its commercial purpose, and a literal approach to interpretation was no longer appropriate.
Lord Steyn said: "The settlement contained in the Tomlin Order must be construed as a commercial instrument."
. . And "The aim of the inquiry was not to probe the real intentions of the parties but to ascertain the contextual meaning of the relevant contractual language.
The inquiry was objective; the question being what a reasonable person in the parties’ position would have understood the parties to have meant by the use of the specific language”
. . and "There has been a shift from literal methods of interpretation towards a more commercial approach." A settlement contained in a Tomlin Order must be construed as a commercial instrument."
Lord Steyn: "The aim of the enquiry is not to probe the real intentions of the parties but to ascertain the contextual meaning of the relevant contractual language. The enquiry is objective: the question is what a reasonable person, circumstanced as the parties were, would have understood the parties to have meant by use of specific language. The answer to that question is to be gathered from the text under consideration and its relevant contextual scene."
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Grecoair Inc -v- Tilling and others [2004] EWHC 2851 (Comm)
9 Dec 2004
ComC

Insurance

1 Citers

[ Bailii ]
 
Grecoair Inc -v- Ace Insurance Sa Nv [2004] EWHC 2851 (Comm)
9 Dec 2004
QBD
The Honourable Mr Justice Langley
Insurance


 
Doheny and others -v- New India Assurance Company Ltd and others [2004] EWCA Civ 1705
15 Dec 2004
CA
Potter, Lord Justice Potter Lord Justice Longmore Sir Christopher Staughton
Insurance

[ Bailii ]
 
Standard Steamship Owners' Protection and Indemnity Association (Bermuda) Ltd. -v- Gie Vision Bail and others [2004] EWHC 2919 (Comm)
15 Dec 2004
ComC
Cooke The Honourable Mr Justice Cooke
Jurisdiction, Insurance

[ Bailii ]
 
Bonner and others -v- Cox Dedicated Corporate Member Ltd and others [2004] EWHC 2963 (Comm)
21 Dec 2004
ComC

Insurance

[ Bailii ]
 
Paine -v- Catlins and others [2004] EWHC 3054 (TCC)
21 Dec 2004
TCC

Insurance

[ Bailii ]
 
Bonner, Alizadeh, Mcauslin, etc -v- Cox Dedicated Corporate Member Limited, Euclidian Limited, Cotesworth Capital Limited, Aon Group Limited, Tryg-Baltica International (Uk) Limited [2004] EWHC 2963 (Comm)
21 Dec 2004
QBD
The Honourable Mr Justice Morison
Insurance


 
Interface Properties Ltd -v- Eagle Star Insurance Co Ltd [2004] EWCA Civ 1687
21 Dec 2004
CA

Insurance
refusal of claim
[ Bailii ]
 
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