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Talbot
Underwriting Ltd v Nausch Hogan & Murray Inc (The "Jascon 5")
English Court of Appeal: Waller, Moore-Bick and Richards LJJ: [2006] EWCA
Civ 889: 29 June 2006
BUILDERS’ ALL RISKS (MARINE) INSURANCE SLIP POLICY: LIABILITY OF BROKERS FOR
FAILURE TO TAKE OUT INSURANCE COVER AS PER INSTRUCTIONS: PROPER CONSTRUCTION OF
POLICY: CO-INSURED: UNDISCLOSED PRINCIPAL: MATERIAL NON-DISCLOSURE: EFFECT ON
SUBROGATION RIGHTS: LOSSES
Talbot
Underwriting Ltd v Nausch Hogan & Murray
English High Court: Commercial Division: Cooke J.: 31 October 2005
INSURANCE: BUILDERS’ RISKS INSURANCE: WHETHER CONTRACTOR INCLUDED AS
CO-ASSURED: CONSTRUCTION OF POLICY TERMS: WHETHER CONTRACTOR AN AFFILIATED
COMPANY OR JOINT VENTURER: WHETHER CONTRACTOR AN UNDISCLOSED PRINCIPAL:
INTENTION OF PLACING BROKERS: WHETHER FAILURE TO DISCLOSE UNDISCLOSED PRINCIPAL
MATERIAL: WHETHER UNDERWRITERS HAD WAIVED NON-DISCLOSURE: LIABILITY OF BROKERS
Patrick v Royal
London Mutual Insurance Society Ltd
English Court of Appeal: Tuckey, Thomas and Hallett LJJ.: [2006] EWCA Civ.
421: 30 March 2006
HOUSEHOLDER’S INSURANCE: COVER FOR LEGAL LIABILITY FOR DAMAGE TO THIRD PARTY
PROPERTY: EXCLUSION OF CLAIMS ARISING FROM "WILFUL ACTS": MEANING OF
"WILFUL": DELIBERATE ACT: WHETHER INTENTION TO CAUSE DAMAGE OF THE
TYPE OCCASIONED REQUIRED: WHETHER RECKLESSNESS SUFFICIENT
Enterprise Oil Ltd v
Strand Insurance Co Ltd
English High Court: Queen’s Bench Division: Aikens, J.: [2006] EWHC 58 (Comm):
26 January 2006
INSURANCE POLICIES: LIABILITY INSURANCE: TORTIOUS INTERFERENCE WITH CONTRACT:
RIGHT OF INDEMNITY IN RESPECT OF SETTLEMENT OF LIABILITIES TO THIRD PARTY:
WHETHER LIABILITY MUST BE ACTUAL OR ARGUABLE ONLY: WHETHER INSURED WOULD HAVE
BEEN FOUND LIABLE BY FOREIGN COURT: APPROACH TO DECISIONS OF FOREIGN COURTS:
(OBITER) RIGHT OF INSURED TO BRING EVIDENCE TO ASCERTAIN HIS INSURED LIABILITY
UNDER A GLOBAL SETTLEMENT
Margate Theatre Royal Trust
Ltd v Patrick White t/a A1 Moleing Services and AXA Insurance UK plc
English High Court – Technology & Construction Court: Judge Peter
Coulson QC: [2005] EWHC 2171 (TCC): 6 October 2005
INSURANCE: THIRD PARTY LIABILITY: DESCRIPTION OF INSURED’S BUSINESS: UMBRELLA
TITLE: "IN CONNECTION WITH": WHETHER DESCRIPTION INCLUDED WORK
INCIDENTAL TO MAIN BUSINESS: WHETHER INCIDENTAL WORK HAD TO BE PERFORMED
TOGETHER WITH MAIN BUSINESS
Bayswater
Carriers Pte Ltd v. QBE Insurance (International) Pte Ltd
Singapore High Court: Belinda Ang Saw Ean J: 29 September 2005: [2005] SGHC
185
MARINE INSURANCE – INSTITUTE TIME CLAUSES (HULLS) 1.10.83 – WHETHER LOSS WAS
BY PIRACY OR VIOLENT THEFT BY PERSONS FROM OUTSIDE THE TUG
Thor Navigation
Inc v (1) Ingosstrakh Insurance Co Ltd (2) Schwarzmeer und Ostsee
Versicherungsaktiengesellschaft
English Commercial Court: Gloster J.: [2005] EWHC 19 (Comm): 14 January 2005
INSURANCE: SHIPPING: CONSTRUCTIVE TOTAL LOSS: HULL
AND MACHINERY INSURANCE POLICIES: "SUM INSURED": WHETHER POLICIES
VALUED OR UNVALUED: s.27, S28 MARINE INSURANCE ACT 1906: RECTIFICATION: COMMON
MISTAKE: ESTOPPEL
Ramco
(UK) Ltd & Ors v International Insurance Company of Hannover Ltd & Anor
English Court of Appeal: Waller, Jonathan Parker and Longmore LJJ.: 27 May
2004
INSURANCE: GOODS IN WAREHOUSE: LOSS BY FIRE: BAILEE: BASIS OF INDEMNITY: WHETHER
FULL VALUE OF GOODS OR AMOUNT OF BAILEE’S RESPONSIBILITY FOR THE GOODS, IF ANY
Ramco
(UK) Ltd and others v International Insurance Company of Hannover Ltd and
another
English High Court: Andrew Smith J.: 15 October 2003
INSURANCE: GOODS IN WAREHOUSE: BAILEE: WHETHER BASIS OF INDEMNITY FULL VALUE OF
GOODS OR AMOUNT OF BAILEE’S RESPONSIBILITY FOR THE GOODS
Gibbs & Another v Mercantile Mutual Insurance
High Court of Australia; Gleeson CJ, McHugh, Kirby, Hayne & Callinan JJ;
[2003] HCA 39
Insurance:
Contracts : Insurance cover against liability to third parties arising from use
of marine pleasure craft for commercial para-flying: Where para-flying to be
conducted in estuarine waters: Whether policy a contract to which Marine
Insurance Act 1909 (Cth)
applied: Whether policy a contract of marine insurance
Frans
Maas (UK) v Sun Alliance and London Insurance Plc
English Commercial Court: David Steel, J.: 22 July 2003
INSURANCE POLICY: RELEASE OF GOODS WITHOUT PRODUCTION OF BILLS OF LADING:
LIABILITY TO THIRD PARTIES: NO CONTRACT BETWEEN INSURED AND CLAIMANTS: POLICY
CONDITIONS: COVER WHERE INSURED’S TRADING CONDITIONS
"UNENFORCEABLE": MEANING OF "UNENFORCEABLE": INSURED’S
FAILURE TO TAKE REASONABLE PRECAUTIONS: LOSS BY INSURED’S WILFUL ACT
Owner of MV ‘X’ v. Hull Underwriter Y
Landgericht Hamburg (Regional Court Hamburg) TranspR 2004, 263; July 10th, 2003
– 409 O 119/02
ADS sections 33.1, 58.1 (General Terms
of German Marine Insurance): Grounding of vessel because it sailed with
insufficient nautical charts: master as the owner’s representative in the
context of hull insurance
QBE
Insurance Limited v MGM Plumbing Pty Limited
Supreme Court of Queensland; B W Ambrose J; [2003] QSC 27; 19
February 2003
INSURANCE: Public Liability: Products
liability: Construction of policy: application for declarations: consideration
of use of words "occurrence" and "event" in policy: whether
single excess payable for series of incidents resulting in damage or excess
payable for each incident of damage
Sunport
Shipping Limited and Others v Tryg-Baltica and Others; The "Kleovoulos of
Rhodes"
English Court of Appeal: Clarke, Peter Gibson and Scott Baker LJJ.: 24
January 2003
INSURANCE: TOTAL LOSS BY DETAINMENT: INFRINGEMENT OF CUSTOMS REGULATIONS:WHETHER
EXCLUSION LIMITED TO DUTIES LEVIED ON IMPORTS: WHETHER INCLUDES IMPORT/EXPORT OF
PROHIBITED GOODS
Sunport Shipping Limited and Others v Atkin and Others; The ‘Kleovoulos
of Rhodes’
English High Court: Cresswell J.: February 2002
INSURANCE: TOTAL LOSS BY DETAINMENT: INFRINGEMENT OF CUSTOMS
REGULATIONS:WHETHER LIMITED TO DUTIES LEVIED ON IMPORTS: WHETHER INCLUDES
IMPORT/EXPORT OF PROHIBITED GOODS: REASON FOR DETAINMENT
Budgett Sugars v Norwich Union Insurance Limited
English Commercial Court: Moore-Bick J.: 15 May 2002
INSURANCE: STANDARD FORM PUBLIC AND PRODUCT LIABILITY POLICY: CONSTRUCTION OF
"EVENT" IN POLICY: EVENT DEFINED AS LOSS OF OR DAMAGE TO PROPERTY:
THIRD PARTY CLAIMS FOR CONSEQUENTIAL LOSS NOT COVERED
Toomey
v Scolaro’s Concrete Constructions Pty Ltd (in liquidation (No 5)
Australia; Supreme Court of Victoria, Eames J: (2002) 12 ANZ Ins Cas 61-519:
7 March 2002
INSURANCE — PUBLIC LIABILITY POLICY — CONSTRUCTION OF CONTRACT — CLAIMANT
A SUBSIDIARY COMPANY AND PROJECT MANAGER FOR PROPERTY DEVELOPMENT BY GROUP —
COMPANIES IN GROUP OWN PROPERTY WHICH IS SUBJECT OF DEVELOPMENT — WHETHER
COVER "IN CONNECTION WITH THE BUSINESS" IS CONFINED TO COMPANIES IN
GROUP OWNING AND OCCUPYING PROPERTIES — EXCLUSION CLAUSE — NO COVER FOR
"BREACH OF A DUTY OWED IN A PROFESSIONAL CAPACITY" — WHETHER FINDING
OF VICARIOUS LIABILITY INCLUDED FINDING THAT PROJECT MANAGER IN BREACH OF ITS
OWN DUTY OF CARE — WHETHER PROJECT MANAGER AND/OR EMPLOYEE ACTING IN A
"PROFESSIONAL CAPACITY"
B+B Construction Co Ltd v. Sun Alliance and London Insurance plc
Hong Kong Court of Final Appeal: Judgment given by Sir Anthony Mason
NPJ:
[2001] HKEC 704: June 2001
INSURANCE: EMPLOYEES COMPENSATION INSURANCE POLICY: INSUREDS: EMPLOYEES IN
INSURED’S IMMEDIATE SERVICE: EXCLUSION OF LIABILITY TO EMPLOYEES OF INSURED’S
CONTRACTORS: PRINCIPAL CONTRACTOR AND SUB-CONTRACTOR INSURED: WHETHER PRINCIPAL
CONTRACTOR INSURED FOR INJURY TO EMPLOYEE OF SUB-CONTRACTOR CAUSED BY NEGLIGENCE
OF EMPLOYEE OF PRINCIPAL CONTRACTOR
Jan de Nul (UK) Ltd v Axa Royale Belge SA
English Court of Appeal: Scheimann, Hale and Rix: 20 February
2002
INSURANCE POLICY : LIABILITY TO THIRD PARTIES : CAPITAL DREDGING
OPERATIONS: SILTATION: NEGLIGENCE: PRIVATE NUISANCE: PUBLIC NUISANCE:
INTERESTS IN LAND: SCOPE OF COVER : CONSTRUCTION OF POLICY : ELIGIBLE CLAIMS:
EXTRA CONTRACTUAL:OBLIGATIONS: EXCLUSION CLAUSES: PURE ECONOMIC LOSS
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