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AIG Europe (Ireland) Ltd v Faraday Capital Ltd
English Commercial Court: Morison J: [2006] EWHC 2707 (Comm): 31 October 2006
REINSURANCE: DIRECTORS AND OFFICERS INSURANCE POLICY: NOTIFICATION OF LOSS
CLAUSE/CLAIMS CO-OPERATION CLAUSE: CONDITION PRECEDENT: PROPER CONSTRUCTION OF
CLAUSE
Shinedean Ltd v
Alldown Demolition (London) Ltd and Others
English Court of Appeal: Sir Anthony Clarke MR, May and Gage LJJ: [2006]
EWCA Civ 939: 20 June 2006
PUBLIC LIABILITY AND CONTRACTORS’ ALL RISKS INSURANCE POLICY: LIABILITY TO
INDEMNIFY: CLAIMS CONTROL CLAUSE: CONDITION PRECEDENT: OBLIGATION TO PROVIDE
"ALL NECESSARY INFORMATION AND ASSISTANCE": COMPLIANCE WITH CLAUSE
WITHIN AN IMPLIED "REASONABLE TIME": RELEVANCE OF
"PREJUDICE" TO INSURER AS A FACTOR IN DETERMINING "A REASONABLE
TIME"
Shinedean Ltd v
Alldown Demolition (London) Ltd (In Liquidation) and AXA Insurance UK Plc
English High Court, Technology & Construction Division: Judge Richard
Havery: [2005] EWHC 2319 (TCC): 28 October 2005
INSURANCE: CLAIMS CONTROL CLAUSES: WHETHER CONDITIONS PRECEDENT TO INSURER’S
LIABILITY: OBLIGATION TO PROVIDE DOCUMENTS: NO TIME LIMIT PRESCRIBED: WHETHER
DOCUMENTS PROVIDED IN REASONABLE TIME: WHAT IS ‘REASONABLE’?: INTERPRETATION
GENEROUS TO THE INSURED: WHETHER PREJUDICE TO INSURER A FACTOR IN REASONABLENESS
Bolton Metropolitan
Borough Council v Municipal Mutual Insurance Ltd and Commercial Union Insurance
Co Ltd
English Court of Appeal: Auld, Longmore and Hallett LJJ.: [2006] EWCA Civ
50: 6 February 2006
INSURANCE: LOCAL AUTHORITIES: PUBLIC LIABILITY INSURANCE: ACCIDENTAL BODILY
INJURY OR ILLNESS OCCURRING DURING CURRENCY OF POLICY: MESOTHELIOMA: WHETHER
CLAIM AROSE ON FIRST EXPOSURE TO ASBESTOS FIBRES OR LATER WHEN MALIGNANCY
DEVELOPED OR SYMPTOMS OF DISEASE FIRST BECAME APPARENT: LATE NOTIFICATION OF
CLAIM: CONDITION PRECEDENT: WHETHER WAIVED BY INSURER
Bolton
Metropolitan Borough Council v Municipal Mutual Insurance Ltd and Commercial
Union Assurance Co Ltd
English High Court (Manchester): Michael Kershaw QC: 28 May 2005
ASBESTOS: INHALATION OF FIBRES: DEVELOPMENT
OF MESOTHELIOMA: PUBLIC LIABILITY INSURANCE: ACCIDENTAL BODILY INJURY OR ILLNESS
OCCURRING DURING CURRENCY OF POLICY: WHEN DID ACCIDENT OCCUR: MEANING OF ‘ACCIDENT’:
LATE NOTIFICATION OF CLAIM: CONDITION PRECEDENT: WHETHER LATE NOTIFICATION
WAIVED: DOUBLE INSURANCE: BASIS OF CONTRIBUTION
Sirius
International Insurance v Friends Provident Life & Pensions Ltd
English Court of Appeal: Waller and Mance LJJ., Sir William Aldous: [2005] EWCA
Civ 60: 24 May 2005
PROFESSIONAL INDEMNITY INSURANCE: EXCESS LAYER: BREACH OF NOTICE
CLAUSE: WHETHER AN INNOMINATE TERM: WHETHER INSURER ENTITLED TO AVOID THE CLAIM:
WHETHER PARTIAL REPUDIATION OF AN INSURANCE CONTRACT POSSIBLE: SERIOUS
CONSEQUENCES: WHETHER DAMAGES AN ADEQUATE REMEDY
Royal
& Sun Alliance Insurance Plc v Dornoch Limited & Others
English Court of Appeal: Brooke, Mance & Longmore LJJ: 10 March 2005
INSURANCE: LIABILITIES TO THIRD PARTIES: REINSURANCE: NOTIFICATION OF LOSS
CLAUSE: CONDITION PRECEDENT TO REINSURERS’ LIABILITY: WHETHER "LOSS"
MEANT "CLAIMED" OR "ALLEGED" LOSS: WHETHER "LOSS"
MEANT "ACTUAL" LOSS: WHETHER LIABILITY FOR COSTS IS "ACTUAL
LOSS": KNOWLEDGE OF LOSS
Royal
& Sun Alliance Insurance Plc v Dornoch Ltd & Others
English Commercial Court: Aikens J.: [2004] EWHC 803 (Comm): 22 April 2004
INSURANCE: REINSURANCE: CLAIMS CONTROL CLAUSE: 72-HOUR NOTICE
CLAUSE: "KNOWLEDGE OF ANY LOSS": MEANING OF "LOSS": MEANING
OF "KNOWLEDGE"
Eagle Star Insurance Co Ltd v J N Cresswell & Others
English Court of Appeal: Chadwick, Rix and Longmore LJJ.: 14 May 2004
INSURANCE: REINSURANCE: FOLLOW THE SETTLEMENTS CLAUSE: NOTICE: CLAIMS CONTROL
CLAUSE: CLAIMS CO-OPERATION CLAUSE: OPTION: CONDITION PRECEDENT: INTERPRETATION
OF CONFLICTING CLAUSES: TYPED CLAUSES: PRINTED CLAUSES
George Hunt
Cranes Limited v Scottish Boiler and General Insurance Co Limited
English Court of Appeal: Potter LJ, Morland J: 3 December 2001
INSURANCE POLICY: CLAIM FOR DAMAGE TO HIRED EQUIPMENT: NOTIFICATION CLAUSE:
WHETHER COMPLIANCE WITH NOTIFICATION CLAUSE A CONDITION PRECEDENT TO INSURERS’
LIABILITY
Cornhill Insurance Plc v. D E Stamp Felt Roofing
Contractors Ltd.
English Court of Appeal: Pill and Longmore LJJ, Sir Denis
Henry: March 2002
INSURANCE: PUBLIC LIABILITY INSURANCE POLICIES: FLAT ROOFING BUSINESS: FIRE:
POLICY CONDITIONS: BREACH OF CONDITIONS: REFUSAL TO INDEMNIFY: ARRANGING FOR
PRECAUTIONS TO BE TAKEN: UNDERTAKING THAT PRECAUTIONS HAD BEEN TAKEN: ABSOLUTE
OBLIGATIONS
GAN Insurance Company v.Tai Ping Insurance Company
English Court of Appeal: Mance and Latham LJJ; Sir Christopher Staughton;
July 2001: 2001 CLC 1133
REINSURANCE: CLAIMS CO-OPERATION CLAUSE (‘CCC’): CCC A CONDITION
PRECEDENT: INTERPRETATION OF ‘AND’: BREACH OF CLAUSE OVERRIDES ‘FOLLOW
SETTLEMENTS CLAUSE: REINSURERS MUST NOT WITHHOLD SETTLEMENT APPROVAL
UNREASONABLY
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