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E.L.A.Z.
International Co. v. Hong Kong & Shanghai Insurance Company Limited
High Court of Hong Kong, Court of First Instance: Stone J: Commercial Action
No. 4862 of 2001: [2006] HKCFI 406
MARINE INSURANCE: LOSS OF GOODS: CLAIMS: INSTITUTE CARGO CLAUSES (A): WHETHER
LOSS EXCLUDED UNDER CLAUSE 8.1.2.11 AS "STORAGE OTHER THAN IN
THE ORDINARY COURSE OF TRANSIT": WHETHER TRANSHIPMENT TO ROAD TRAILER A
BREACH OF THE "FULL CONTAINER LOAD" WARRANTY
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
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
Tektrol
Ltd v International Insurance Company of Hanover Ltd and Another
English Court of Appeal: Buxton and Carnwath LJJ. and Sir Martin Nourse:
[2005] EWCA Civ 845: 21 July 2005
BUSINESS INTERRUPTION INSURANCE: ALL RISKS POLICY: LOSS OF SOURCE CODE CAUSED BY
(A) EFFECT OF A COMPUTER VIRUS AND (B) THEFT OF COMPUTERS ON WHICH CODE STORED:
WHETHER LOSS BY COMPUTER VIRUS EXCLUDED AS A LOSS "CAUSED DELIBERATELY BY
MALICIOUS PERSONS": WHETHER LOSS BY THEFT OF COMPUTERS EXCLUDED UNDER
POLICY TERMS
Mayban General
Assurance BHD and Others v. Alstom Power Plants Limited and Others
English High Court: Moore-Bick J.: [2004] EWHC 1038 (Comm): 7 May 2004
MARINE INSURANCE: "ALL RISKS" CARGO COVER : INTERNAL DAMAGE TO
TRANSFORMER: WHETHER CAUSED BY PERILS OF THE SEA OR INHERENT VICE: WHETHER
WEATHER CONDITIONS ENCOUNTERED UNUSUAL
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
Miruvor Ltd v. National Insurance Co Ltd
Hong Kong Court of Appeal: Rogers VP, Le Pichon
and Yuen JJA.: 21 February 2003
INSURANCE: INSTITUTE CARGO CLAUSES (A) – ALL RISK: WHETHER LOSS IN STORAGE
EXCLUDED UNDER DURATION CLAUSE 8: WHETHER SUFFICIENT ATTEMPT TO SAFEGUARD GOODS
UNDER MINIMISING LOSSES CLAUSE 16
Miruvor
Ltd v. National Insurance Co Ltd
Hong Kong Court of First Instance: Stone J.:
[2002] HKEC 1033: October 2001
INSURANCE: INSTITUTE CARGO CLAUSES (A) – ALL RISK: WHETHER LOSS IN STORAGE
EXCLUDED UNDER DURATION CLAUSE 8: WHETHER SUFFICIENT ATTEMPT TO SAFEGUARD GOODS
UNDER MINIMISING LOSSES CLAUSE 16
Nima Sarl v Deves
Insurance Public Co Limited
English Court of Appeal: Potter and Keene, LJJ., and Summer J.: 30 July 2002
INSURANCE: MARINE INSURANCE ACT 1906: PHANTOM VESSEL: VESSEL SAILED FOR
DESTINATION OTHER THAN POLICY DESTINATION: WAREHOUSE-TO-WAREHOUSE CLAUSE:
WHETHER RISK ATTACHED UNDER s.44 MIA
Mitsui Marine and Fire Insurance Co Limited & Others v Bayview Motors
Limited
English Court of Appeal: Tuckey, Hale and Henry LJJ:
7 November 2002
ALL RISKS CARGO INSURANCE POLICIES: INSTITUTE CARGO CLAUSES 1/1/63: MOTOR
VEHICLES: STOLEN BY CUSTOMS OFFICERS: TRANSIT CLAUSE: DESTINATION: FINAL PLACE
OF STORAGE: SEIZURE: CESSATION OF COVER: TIMING OF LOSS
Bayview Motors Ltd. v. Mitsui Marine & Fire Insurance Co
Ltd. and Others
English Commercial Court: Steel J.: [2002] EWHC 21 (Comm): 23
January 2002
ALL RISKS CARGO INSURANCE POLICIES: INSTITUTE CARGO CLAUSES 1/1/63: MOTOR VEHICLES: STOLEN BY CUSTOMS OFFICERS: CONVERSION:
CONFISCATION: SEIZURE: FINAL PLACE OF STORAGE AT DESTINATION: TIMING OF LOSS:
CONSTRUCTIVE TOTAL LOSS: CESSATION OF COVER
Eurodale Manufacturing Limited v. Ecclesiastical
Insurance Office Plc
English High Court: Andrew Smith J: April 2002
INSURANCE: TRANSIT COVER: INSTITUTE CARGO CLAUSES (A) 1/1/82:
TERMS INCORPORATED BY REFERENCE: STANDARD TERMS OVERRIDDEN BY CLAUSES
Everbright Commercial Enterprises Pte Ltd v. AXA Insurance
Singapore Pte Ltd
the ‘Sirena I’
Singapore Court of Appeal; LP Thean JA; [2001] 2 SLR 316; April 2001
Case Note contributed by Ang &
Partners, International Contributors for
Singapore
MARINE INSURANCE: CARGO ALL RISKS INSURANCE COVER NOTE: ‘APPROVED VESSEL’:
INSTITUTE CLASSIFICATION CLAUSE: CHARTERED VESSELS: HELD COVERED PROVISIONS:
FACTS TO BE TAKEN INTO ACCOUNT
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