References: [1987] 2 Lloyd’s Rep 529
Coram: Mr Justice Saville
Ratio:
Statutes: Third Parties (Rights Against Insurers) Act 1930 1(3)
This case is cited by:
- Appeal from – Socony Mobil Oil Co Inc and others -v- West of England Ship Owners Mutual Insurance Association Ltd (the ‘Padri Island’) (No 2); Firma CF-Trade S.A -v- Newcastle Protection and Indemnity Association (the ‘Fanti’) CA ([1989] 1 Lloyd’s Rep 239)
The court considered appeals from conflicting interpretations of the effect of s1(3) of the 1930 Act on pay to be paid clauses in the event of the insolvency of the insured.
Held: The condition did not purport to avoid the contract or to alter . . - Cited – Freakley and Curzon Insurance Ltd -v- Centre Reinsurance International Company and Another; similar CA (Bailii, [2005] EWCA Civ 115, Times 28-Feb-05, [2005] 2 All ER (Comm) 65)
Claims were made for personal injury caused by asbestos. The re-insurers sought declaratory relief against the head insurers, and the administrators of the insolvent company. The administrators sought declarations in turn. Curzon insured the company . . - Cited – Ernest John Fifield and Another -v- W and R Jack Limited PC (Bailii, PC, PC, [2000] UKPC 27, Appeal No 11 of 1999)
PC (New Zealand) The tenants sought an extension of time to take their rent review to arbitration. The Landlords appealed a grant of leave.
Held: The grant of leave was discretionary where the court found . .
(This list may be incomplete)
Last Update: 20-Jun-16
Ref: 223314
