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HIH Casualty & General Insurance
Limited v JLT Risk Solutions Limited
English Court of Appeal: Auld, May & Longmore LJJ: [2007] EWCA Civ 710:
12 July 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/710.html
INSURANCE AND REINSURANCE: BACK-TO-BACK POLICIES: BROKERS’ DUTIES TO
INSURED AND REINSURED: POST-PLACEMENT DUTY TO INFORM REINSURED OF POTENTIAL
COVERAGE ISSUES UNDER ORIGINAL POLICY: CAUSATION OF LOSS
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
Tanevski
v Trenwick International Limited
Australia: New South Wales Court of Appeal: Tobias JA, Young CJ In Eq,
Davies AJA: [2003] NSWCA 303: 17 October 2003
Insurance: Whether public liability
cover obtained: whether insurance broker arranged cover under its binder with
unauthorised overseas insurer: whether there could be an insurance contract when
broker represented and insured understood that cover was with different
underwriters: what was effect of misleading insurance certificate: whether
insurance agents were negligent: whether breach of Trade Practices Act
Dickinson
v National Mutual Life Association of Australasia Ltd (trading as AXA Australia)
Australia; Supreme Court of Victoria; Smith J; [2003] VSC 325; 5 September
2003
Insurance contract: alleged
non-disclosure: duties of broker: loss of opportunity to impose exclusion clause
Elilade Pty
Limited v Nonpareil Pty Limited
Australia: Federal Court of Australia, Northern Territory District Registry:
Mansfield J; (2002) 12 ANZ Ins Cas 61-535: 31 July 2002
INSURANCE — INSURANCE POLICY HAD "FLOOD" EXEMPTION — LOSS CAUSED
BY WATER DAMAGE BEING AN INSURED EVENT — LOSS SUBSEQUENTLY CAUSED BY FLOOD
BEING AN EXEMPTED EVENT — INSURANCE BROKER — WHETHER INSURANCE BROKER OWED
INSURED DUTY TO ADVISE INSURED OF AVAILABILITY OF INSURANCE INCLUDING FLOOD
COVER — WHETHER INSURANCE BROKER OWED INSURED DUTY TO INFORM INSURED OF FLOOD
EXEMPTION IN POLICY — WHETHER DUTY DISCHARGED BY CORRESPONDENCE REQUESTING
INSURED TO CHECK SCHEDULE OF INSURANCES WHICH CLEARLY IDENTIFIED FLOOD EXEMPTION
Pacific Dunlop (Asia) Ltd. & Grosby (China) Ltd. v. Inchcape Insurance
Brokers (HK) Ltd.
Hong Kong Court of First Instance: Stone J.: [2001] HKEC 806: June 2001
INSURANCE: INCREASE OF INSURED VALUES DISPUTED: SETTLEMENT BY PRIMARY
UNDERWRITERS ON PRE-RENEWAL VALUES: CONSEQUENT CLAIM ON ‘TOP-UP’ INSURERS:
TOP-UP INSURERS CLAIM IN SUBROGATION: AUTHORITY OF BROKERS TO ISSUE UNDER-LYING
POLICY: PRIMARY INSURERS NOT LICENSED TO DO BUSINESS IN HONG KONG: ISSUE OF
POLICY IN HONG KONG ILLEGAL: EFFECT OF ILLEGALITY: CLAIMANTS’ AFFIRMATION OF
POLICY:
Great North Eastern Railway (GNER) v Avon Insurance Plc
English Court of Appeal: Judgment delivered by Longmore LJ:[2001] Civ 780; May 2001
INSURANCE POLICY: APPLICABLE CONTRACTUAL TERMS: BUSINESS INTERRUPTION
INSURANCE: EXCLUSION CLAUSES: WIDE OR NARROW VERSION: CHANGE INTRODUCED ON
RENEWAL: NOT DRAWN TO UNDERWRITERS' ATTENTION: EXCEPTION: COVER FOR BREAKDOWN:
REPUGNANCY
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