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Pratt v Aigaion
Insurance Company SA (The "Resolute")
English Court of Appeal: Sir Anthony Clarke MR, Maurice Kay and Stanley
Burnton LLJ: [2008] EWCA Civ 1314: 27 November 2008
MARINE INSURANCE: POLICY WORDING: CONDITIONS: WARRANTY: PROPER CONSTRUCTION OF
CLAUSE: "OWNER AND/OR OWNER’S EXPERIENCED SKIPPER ON BOARD AND IN CHARGE
AT ALL TIMES AND ONE EXPERIENCED CREW MEMBER"
Wasa International Insurance
Company Ltd and AGF Insurance Ltd v Lexington Insurance Company
English Court of Appeal: Pill, Sedley and Longmore, LJJ: [2008] EWCA Civ
150: 29 February 2008
REINSURANCE: TERMS OF REINSURANCE SUBSTANTIALLY SIMILAR TO THOSE OF PRIMARY
INSURANCE: REINSURANCE TO COVER LOSSES OCCURRING DURING A DEFINED THREE YEAR
PERIOD: PRIMARY INSURER HELD LIABLE FOR LOSS AND DAMAGE OCCURRING OUTSIDE AS
WELL AS WITHIN THE PERIOD OF THE REINSURANCE: WHETHER "FOLLOW THE
SETTLEMENTS" CLAUSE OBLIGED REINSURERS TO PAY FOR LOSSES OCCURRING OUTSIDE
THE THREE YEAR PERIOD
Pratt v Aigaion
Insurance Company SA (The "Resolute")
English High Court: HHJ Mackie QC: [2008] EWHC 489 (Admlty): 14 March 2008
MARINE INSURANCE: POLICY WORDING: CONDITIONS: WARRANTY: PROPER CONSTRUCTION OF
CLAUSE: "OWNER AND/OR OWNER’S EXPERIENCED SKIPPER ON BOARD AND IN CHARGE
AT ALL TIMES AND ONE EXPERIENCED CREW MEMBER"
CGU Insurance Limited v
AMP Financial Planning Pty Ltd
Australia: High Court of Australia: Gleeson CJ, Calliman, Crennan, Heydon,
Kirby JJ.: [2007] HCA 36: 29 August 2007
Insurance: cover for civil liability
claims: potential liability to investors arising out of misconduct of financial
advisers for which insured responsible: Insured told to act as a prudent
uninsured: Insured proposes settlement with investors without need for legal
proceedings: insurer agrees "in principle": insured settles with
investors without confirmation from insurer that it accepts liability for the
payments: Whether insurer liable to indemnify the insured in respect of
reasonable settlement amounts: Whether settlement amounts were reasonable: –
Relevance of the requirement to act with utmost good faith in s 13 of the Insurance
Contracts Act 1984 (Cth).
Insurance: Requirement to act with utmost good faith in s 13 of the Insurance
Contracts Act 1984 (Cth): Meaning of utmost good faith: Whether lack of
utmost good faith means only dishonesty: Whether utmost good faith may require
insurer to act with due regard to insured’s legitimate interests of as well as
its own: Whether insurer’s delay in accepting or rejecting liability amounted
to a lack of utmost good faith: Relevance of reciprocity: Whether insurer could
invoke the insured’s lack of utmost good faith if insurer had failed to act
with utmost good faith: Whether insured’s lack of diligence and acting for its
own interests amounted to lack of utmost good faith.
Estoppel: Estoppel by convention: Whether insurer represented that insured would
not be required to prove its liability to the investors: Whether insured relied
on the representation to its detriment
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
Wasa
International Insurance Company Ltd and AGF Insurance Ltd v Lexington Insurance
Company
English High Court: Commercial Court: Simon J.: [2007] EWHC 896 (Comm):
25 April 2007
REINSURANCE: "FOLLOW THE SETTLEMENTS"
CLAUSE: LIABILITY UNDER THE PRIMARY INSURANCE MORE EXTENSIVE THAN THAT UNDER THE
REINSURANCE: WHETHER LEGAL COSTS RECOVERABLE FROM REINSURERS
Marina
Offshore Pte Ltd v. China Insurance Co (Singapore) Pte Ltd and Another, The
"Marina Isis"
Singapore Court of Appeal: Andrew Phang Boon Leong JA, Chan Sek Keong CJ,
Judith Prakash J: [2006] SGCA 28: 11 September 2006
MARINE INSURANCE: TOTAL LOSS OF VESSEL: BREACH OF WARRANTY: WHETHER WARRANTY
INCLUDED THE ROUTE THE VESSEL SHOULD FOLLOW: WHETHER POLICY WAS TIME POLICY OR
MIXED/HYBRID POLICY: WHETHER WARRANTY OF SEAWORTHINESS UNDER VOYAGE POLICY
APPLIED, S.39(1) OF MARINE INSURANCE ACT: WHETHER SHIP SENT TO SEA UNSEAWORTHY
WITH THE PRIVITY OF THE ASSURED UNDER S.39(5) OF THE ACT
Hargreaves (and other
Lloyd’s Syndicates) v. Taian Insurance Company Limited
High Court of Hong Kong, Court of First Instance: Stone J: Commercial Action
No. 27 of 2005: [2006] HKCFI 481: 6 June 2006
INSURANCE/REINSURANCE: SERVICE OF PROCEEDINGS OUT OF THE JURISDICTION: SETTING
ASIDE: JURISDICTION : "RE-REINSURANCE" VERSUS
"CO-INSURANCE": FORUM NON CONVENIENS: APPLICABLE LAW
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
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
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
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"
R+V
Verischerung AG v Risk Insurance and Reinsurance Solutions SA
English Commercial Court: Gloster J, DBE: [2006] EWHC 42 (Comm): 27 January
2006
Colin Edelman QC and Charles Dougherty (instructed by LeBoeuf Lamb Greene &
MacRae) for the Claimant, R+V
Hugo Page QC (instructed by Penningtons) for the Defendant, Risk Insurance
REINSURANCE: RECOVERABLE HEADS OF DAMAGE: STANDARD FOR PROOF OF LOSS: INTERNAL
MANAGEMENT AND STAFF TIME EXPENSES AND OVERHEADS EXPENDED IN DEALING WITH
CONSPIRACY
Stemson v
AMP General Insurance (NZ) Ltd
Privy Council: Lords Nicholls, Hope, Scott, Mance and Baroness Hale: [2006]
UKPC 30: 21 June 2006
INSURANCE: LOSS BY FIRE: FINDING OF ARSON COMMITTED BY INSURED: PRACTICE FOR
REVIEW BY THE PRIVY COUNCIL OF CONCURRENT FINDINGS OF FACT FROM LOWER COURTS:
FRAUDULENT MEANS AND DEVICES: EFFECT OF CORRECTION TO KNOWINGLY FALSE STATEMENT
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
North Star
Shipping Ltd and Others v Sphere Drake Insurance Plc & Others
English Court of Appeal: Waller, Longmore and Lloyd LJJ.: [2006] EWCA Civ
378: 7 April 2006
MARINE INSURANCE: WAR RISKS INSURANCE: NON-DISCLOSURE OF ALLEGATIONS OF FRAUD
AGAINST INSURED: ALLEGATIONS EVENTUALLY PROVE FALSE: WHETHER NON-DISCLOSURE AT
TIME OF PLACEMENT MATERIAL: WHETHER DIFFERENT STANDARDS APPLICABLE AS BETWEEN
WAR RISK AND HULL INSURANCE
Sun Alliance & London
Insurance plc v PT Asuransri Dayin Mitra TBK (The "No 1 Dae Bu")
English Commercial Court: Langley J: [2006] EWHC 812 (Comm): 11 April 2006
Julian Kenny (instructed by Hill Taylor Dickinson) for the Defendant/Part 20
Claimant, PT Asuransri Dayin Mitra TBK
The Part 20 Defendant, PT Pelumin, did not appear and was not represented
MARINE INSURANCE: NEGATIVE DECLARATORY RELIEF OF NON-LIABILITY TO INDEMNIFY
INSURED: PROPER LAW AND JURISDICTION OF CONTRACT: BREACH OF WARRANTY: SCOPE OF
TIME AND VOYAGE POLICY COVERAGE: VESSEL’S SEAWORTHINESS
Hawley v (1) Luminar
Leisure Ltd, (2) ASE Security Services Ltd, (3) David Preston Mann (as nominated
underwriter for Faraday Underwriting Ltd)
English Court of Appeal: Latham, Neuberger and Hallett LJJ. [2006] EWCA Civ
18: 24 January 2006
VICARIOUS LIABILITY: DOORMAN SUPPLIED BY SECURITY COMPANY: DOORMAN ASSAULTS
VISITOR: WHETHER SECURITY COMPANY OR CLUB VICAROUSLY RESPONSIBLE FOR DOORMAN’S
ACTIONS: WHICH PARTY HAD EFFECTIVE CONTROL: PUBLIC LIABILITY INSURANCE: WHETHER
DELIBERATE ACT OF VIOLENCE AN "ACCIDENTAL BODILY INJURY" UNDER THE
POLICY: CIVIL LIABILITY (CONTRIBUTION) ACT 1978
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
GE Frankona Reinsurance
Limited v CMM Trust No 1400 The "Newfoundland Explorer"
English Admiralty Court: Gross J.: [2006] EWHC 429 (Admlty): 22 March 2006
MARINE CASUALTY (FIRE): MARINE INSURANCE: WARRANTIES: PROPER CONSTRUCTION OF
TERM "WARRANTED VESSEL FULLY CREWED AT ALL TIMES"
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
Bonner and others v Cox and
others
English Court of Appeal (Civ Div): Waller, Tuckey and Moses LJJ.: [2005]
EWCA Civ 1512: 8 December 2005
REINSURANCE: NON-PROPORTIONAL REINSURANCE: NATURE OF DUTY OWED BY REINSURED TO
REINSURERS: IMPLIED TERMS
Marina Offshore Pte Ltd v China Insurance Co (Singapore) Pte Ltd and AXA
Insurance Singapore Pte Ltd
Singapore High Court: Tan Lee Meng J: [2005] SGHC 238: 30 December 2005
MarinE Insurance: Breach of Warranty as
to the recommended route of the voyage: Seaworthiness of the vessel: Whether
loss of the vessel caused by unseaworthiness or perils of the sea
Danepoint Ltd v Allied Underwriting
Insurance Ltd
English High Court: Commercial Division:Judge Peter Coulson QC: HT-04-298:
20
October 2005
INSURANCE: CLAIMS FOR REINSTATEMENT/REPAIR AND LOSS OF RENT FOLLOWING A FIRE:
WHETHER CLAIMS FRAUDULENT: WHETHER A NON-FRAUDULENT CLAIM IS TAINTED BY A
FRAUDULENT CLAIM ARISING FROM THE SAME EVENT: EFFECT OF FRAUD
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
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
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
Viasystems
(Tyneside) Ltd v Thermal Transfer (Northern) Ltd and Others
English Court of Appeal: May, Rix LJJ: [2005] EWCA Civ 1151: 10 October 2005
NEGLIGENCE: EMPLOYER’S LIABILITY: VICARIOUS LIABILITY: WHETHER TWO EMPLOYERS
VICARIOUSLY LIABLE FOR NEGLIGENCE OF SINGLE EMPLOYEE: TRANSFER OF EMPLOYMENT:
RIGHT TO CONTROL EMPLOYEE’S ACTIONS: CIVIL LIABILITY (CONTRIBUTION) ACT 1978
ERC Frankona Reinsurance
v American National Insurance Co
English Commercial Court: Andrew Smith J.: 6 July 2005
REINSURANCE: AVOIDANCE FOR NON-DISCLOSURE: DUTY TO DISCLOSE INFORMATION KNOWN BY
AGENT: WHETHER AGENT AN "AGENT TO INSURE": WHETHER AGENT AN
"AGENT TO KNOW": WHETHER INFORMATION MATERIAL: INDUCEMENT: QUALIFIED
ACCEPTANCE OF RISK: MEANING OF QUALIFICATION
Folksamerica
Reinsurance Co. v. Clean Water of New York, Inc.
United States: Court of Appeals for the Second Circuit: Wesley, Circuit
Judge: June 30, 2005: No. 03-9124: 2005 U.S. App. LEXIS 13041: 413 F.3d 307
MARITIME JURISDICTION: CONTRACTS: INSURANCE POLICIES: LIABILITY POLICY PROVIDING
SHIPREPAIRER’S LEGAL LIABILTY AND COMMERCIAL GENERAL LIABILITY COVERAGES
WITHIN MARITIME JURISDICTION
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
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
Aer Lingus v
Gildacroft Ltd and Sentinel Lifts Ltd
English High Court: Simon J.: [2005] EWHC 1556 (QB): 24 June 2005
LIMITATION: LIMITATION ACT 1980: CONTRIBUTION: CIVIL LIABILITY (CONTRIBUTION)
ACT 1978: WHETHER LIMITATION PERIOD RUNS FROM DATE OF JUDGMENT DETERMINING
LIABILITY: WHETHER LIMITATION PERIOD RUNS FROM DATE ON WHICH AMOUNT OF DAMAGES
FINALLY DETERMINED
Brian Warwicker
Partnership v HOK International Ltd
English Court of Appeal: Sir Andrew Morritt VC, Arden and Keene LJJ.: [2005]
EWCA Civ 962: 27 July 2005
CIVIL LIABILITY CONTRIBUTION ACT 1978: CLAIM FOR CONTRIBUTION: ASSESSMENT OF
RESPONSIBILITY: WHETHER COURT ENTITLED TO TAKE INTO ACCOUNT FACTORS NOT STRICTLY
CAUSATIVE OF THE LOSS
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
American
International Marine Agency of New York Inc and another v
Dandridge
English Commercial Court: Richard Siberry QC: [2005] EWHC 829 Comm: 5 May
2005
HULL & MACHINERY INSURANCE: PARTICIPATION EVIDENCED BY BINDER: BINDER
SUBJECT TO "FOLLOW THE LEADER" CLAUSE: REINSURANCE SUBJECT TO
"SAME CLAUSES AND CONDITIONS OF ORIGINAL POLICY": CHANGES TO
CLASSIFICATION SOCIETY AND INSURED VALUE AGREED UNDER ORIGINAL POLICY BUT NOT
DISCUSSED WITH REINSURERS: TOTAL LOSS PAID BY ORIGINAL INSURERS IN THEIR
PROPORTION UNDER ‘FOLLOW THE LEADER’ CLAUSE: WHETHER REINSURANCE INCLUDED
‘FOLLOW THE LEADER’ TERMS: MEANING OF ‘ORIGINAL POLICY: WHETHER ‘FOLLOW
THE LEADER’ CLAUSE CAPABLE OF INCORPORATION IN REINSURANCE
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
William
Francis Rendall v Combined Insurance Company of America
English Commercial Court: Cresswell J.: [2005] EWHC 678 (Comm): 21 April
2005
INSURANCE: REINSURANCE: BUSINESS TRAVEL:
ESTIMATED NUMBER OF TRAVEL DAYS: BASIS OF ESTIMATE NOT DISCLOSED: AVOIDANCE:
NATURE OF REPRESENTATION: S.20 MARINE INSURANCE ACT 1906: WHETHER REPRESENTATION
AS TO A MATTER OF FACT OR OF EXPECTATION AND BELIEF: WHETHER REPRESENTATION HAD
TO BE BASED ON REASONABLE GROUNDS: WHETHER REPRESENTATION WAS BASED ON
REASONABLE GROUNDS: WAIVER: MEANING OF "AUTHORISED BUSINESS TRIP":
WHETHER INCLUDES AN EMERGENCY EVACUATION OF BUILDING
North
Star Shipping Limited and Others v Sphere Drake Insurance Plc & Others
English Commercial Court: Colman J.: 22 April 2005
WAR RISKS INSURANCE: OWNERS’ COMPLICITY IN CASUALTY: NON-DISCLOSURE OF PENDING
CRIMINAL AND CIVIL PROCEEDINGS, OF EXCESSIVE VALUE OF VESSEL, OF CANCELLATION OF
PREVIOUS INSURANCE FOR NON-PAYMENT OF PREMIUM, OF OWNERS’ FINANCIAL
DIFFICULTIES: MORAL HAZARD: MATERIALITY: INDUCEMENT
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
David
George King v Brandywine Reinsurance Co
English Court of Appeal: Waller & Rix LJJ and Sir Martin Nourse: 10
March 2005
INSURANCE POLICIES: OIL POLLUTION: "EXXON VALDEZ": RECOVERY OF CLEAN
UP COSTS INCURRED BY EXXON AFTER OIL SPILL: PROPER LAW OF PRIMARY POLICIES:
WHETHER ANY DIFFERENCE IN INTERPRETATION BETWEEN ENGLISH AND NEW YORK LAW:
REINSURANCE CONTRACTS : SCOPE OF COVERAGE: MEANING OF "REMOVAL OF
DEBRIS": DIVISION OF RISKS BETWEEN POLICY SECTIONS: WHETHER
"TRANSPORTATION ACTIVITIES" INCLUDED CARRIAGE OF OIL BY SEA: SEEPAGE
AND POLLUTION EXCLUSION: MEANING OF "ON LAND"
Axa
General Insurance Ltd v Clara Gottlieb and Joseph Meyer Gottlieb
English Court of Appeal: Pill, Mance and Keene, LJJ: 11 February 2005
KEY WORDS: INSURANCE: CLAIMS: FRAUDULENT BEHAVIOUR BY INSURED: COMMON LAW RULE:
EFFECT ON OTHER GENUINE CLAIMS PREVIOUSLY PAID UNDER SAME POLICY: EFFECT ON
PREVIOUS PAYMENTS OF GENUINE ELEMENTS OF SAME CLAIMS
Mark Whitlam v
Andrew Hazel (for Lloyd's Syndicate 260 t/a KGM Motor Policies at Lloyd's)
English Court of Appeal: Auld, May and Scott Baker LJJ.: 2 December 2004
INSURANCE: PROPOSAL FORM: MOTOR INSURANCE POLICY: WHETHER INSURED’S OCCUPATION
FULLY DISCLOSED: WHETHER INSURED’S OCCUPATION MATERIAL TO ACCEPTANCE OF RISK:
NON-DISCLOSURE: INNOCENT NON-DISCLOSURE: AVOIDANCE
Doheny
and others v New India Assurance Co Ltd and Others
English Court of Appeal: Potter and Longmore LJJ., and Sir Christopher
Staughton: [2004] EWCA Civ 1705: 15 December 2004
INSURANCE: PROPOSAL FORM: DECLARATION: "BANKRUPTCY": INTERPRETATION:
"CONTRA PROFERENTEM RULE": WARRANTY: DUTY OF DISCLOSURE: WAIVER OF
DISCLOSURE : MARINE INSURANCE ACT 1906, S.18(3)(c)
Lumbermens
Mutual Casualty Co v Bovis Lend Lease Limited
English High Court: Colman J.: [2004] EWHC 2197 (Comm): 5 October 2004
INSURANCE: PROFESSIONAL INDEMNITY INSURANCE: CONSTRUCTION CONTRACT: CLAIM BY
CONTRACTOR AGAINST EMPLOYER: COUNTERCLAIMS BY EMPLOYER AGAINST CONTRACTOR:
GLOBAL SETTLEMENT: BASIS OF SETTLEMENT NOT STATED: WHETHER INSURED LOSS
"ASCERTAINED": WHETHER LOSS COULD BE ASCERTAINED BY EXTRINSIC EVIDENCE
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
WISE
Underwriting Limited & Another v Grupo Nacional Provincial SA
English Court of Appeal: Peter Gibson, Rix and Longmore LJJ.: 20 July 2004
INSURANCE: REINSURANCE: WHETHER "CLOCKS" INCLUDES "WATCHES":
NON-DISCLOSURE: WAIVER: AFFIRMATION: MATERIALITY: INDUCEMENT
Midland
Mainline Limited and others v Eagle Star Insurance Co Limited
English Court of Appeal: Brooke V-P and Jacob LJ., Sir Martin Nourse: 28
July 2004
INSURANCE: DENIAL OF ACCESS TO RAILWAY TRACK: FINANCIAL LOSS: EXCLUSION OF WEAR
AND TEAR: WHETHER WEAR AND TEAR UNDERLYING STATE OF AFFAIRS OR PROXIMATE CAUSE
OF LOSS: MORE THAN ONE PROXIMATE CAUSE: WHERE EXCLUDED PERIL WAS ONE PROXIMATE
CAUSE
IF
P&C Insurance Ltd v Silversea Cruises Ltd & Others
English Court of Appeal: Ward, Mummery and Rix LJJ: 2 July 2004
INSURANCE: LOSS OF INCOME AND EXTRAORDINARY COSTS POLICY: CRUISE SHIPS: EFFECT
OF EVENTS OF 11 SEPTEMBER 2001: WHETHER INDEMNITY LIMIT APPLIED PER SHIP OR TO
THE FLEET AS A WHOLE: "EACH SHIP TO BE A SEPARATE INSURANCE: CONCURRENT
CAUSES: MEANING OF "ACT OF WAR"
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
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
David
George King and Others v Brandywine Reinsurance (UK) Ltd (formerly Cigna Re Co
(UK) Ltd
English Commercial Court: Colman J: 10 May 2004
INSURANCE POLICIES: OIL POLLUTION: PROPER LAW OF UNDERLYING PRIMARY POLICIES:
REINSURANCE CONTRACTS : SCOPE OF COVERAGE: RECOVERY OF CLEAN UP COSTS INCURRED
BY OIL CARGO OWNER AND TANKER OWNER AFTER OIL SPILL: MEANING OF
"DEBRIS": DIVISION OF RISKS BETWEEN POLICY SECTIONS: EXCLUSION OF
LIABILITIES COVERED UNDER ITIA RULES: EXCLUSION OF LIABILITIES ARISING OUT OF
OWNERSHIP OF WATERCRAFT: MEANING OF "TRANSPORTATION ACTIVITIES":
SEEPAGE AND POLLUTION EXCLUSION: MEANING OF "ON LAND"
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
Kastor
Navigation Co Limited & Anor v AXA Global Risks (UK) Limited and Ors
English Court of Appeal: Tuckey, Rix and Neuberger LJJ.: 10 March 2004
SHIPPING: INSURANCE: CONSTRUCTIVE TOTAL LOSS: ACTUAL TOTAL LOSS: INSURED TOTAL
LOSS IMMEDIATELY FOLLOWED BY UNINSURED TOTAL LOSS: PROXIMATE CAUSE: NOTICE OF
ABANDONMENT NOT SERVED: WHETHER SERVICE OF NOTICE A CONDITION PRECEDENT:
DECISION TO ABANDON: INSURED’S CONDUCT: SUCCESSIVE LOSSES: UNREPAIRED DAMAGE:
PARTIAL LOSS: COSTS
Paul
Toomey of Syndicate 2021 v Banco Vitalicio De Espana SA De Seguros y
Reaseguros
English Court of Appeal: Sir Andrew Morritt, Dyson and Thomas LJJ. 18 May
2004
REINSURANCE: MISMATCH OF INSURED INTEREST: ORIGINAL
INSURANCE A VALUED POLICY: REINSURANCE POLICY UNVALUED: MATERIALITY:: WARRANTY
OF INSURED INTEREST: BREACH: FULL REINSURANCE CLAUSE
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"
Horbury
Building Systems Ltd v Hampden Insurance NV
English Court of Appeal: Peter Gibson, Mance and Keene LJJ.: 7 April 2004
INSURANCE: PRODUCT LIABILITY INSURANCE: COVER "IN RESPECT OF DAMAGE"
TO PROPERTY: CONSEQUENTIAL LOSS: EXTENT TO WHICH LIABILITY FOR CONSEQUENTIAL
LOSS COVERED
Glencore
International v. Alpina Insurance Co. Ltd
English Commercial Court: Moore-Bick J.: [2003] EWHC 2792 (Comm): 20
November 2003
INSURANCE: NON-DISCLOSURE: AVOIDANCE: MATERIALITY: MISREPRESENTATION:
INDUCEMENT: RELIANCE
W.I.S.E
Underwriting Agency Ltd & Dornoch Ltd v. Grupo Nacional Provincial S.A
English Commercial Court: Simon, J.: [2003] EWHC 3038 (Comm):
1 October 2003
INSURANCE: REINSURANCE: NON-DISCLOSURE: KNOWLEDGE: MEANING OF
"CLOCKS": MATERIALITY: WAIVER: INDUCEMENT/RELIANCE: AFFIRMATION
Assicurazioni
Generali SpA -v- CGU International Insurance Plc and Others
English Court of Appeal: Peter Gibson LJ, Tuckey LJ, Sir Martin Nourse:
[2004] EWCA Civ 429: 6 April 2004
REINSURANCE: ‘FOLLOW THE SETTLEMENTS’ CLAUSES: BACK-TO-BACK POLICIES:
SETTLEMENTS TO BE FOLLOWED ‘WITHOUT QUESTION’: APPLICATION OF THE ‘SCOR
PROVISOS’
Lagden v O'Connor
UK House of Lords: Lords Nicholls, Slynn, Hope, Scott and Walker: [2003] UKHL
64: 4 December 2003
CAR ACCIDENT: MEASURE OF DAMAGES: REPLACEMENT CAR: WHETHER CREDIT HIRE
COMPANY FEE RECOVERABLE: IMPECUNIOSITY OF VICTIM: FORSEEABILITY: THE RULE IN THE
LIESBOSCH DREDGER CASE [1933] AC 449 RE-CONSIDERED
Hua Seng Sawmill v. QBE Insurance (Malaysia) BHD
[2003] 4 SLR 449
Singapore High Court: Justice Belinda Ang: 9 October 2003
MARINE INSURANCE: Institute Cargo Clauses (C): LOSS OF CARGO FROM BARGE : WHEN
LOST: WHETHER INSURABLE INTEREST: PROXIMATE CAUSE: "REASONABLY ATTRIBUTABLE
TO": WHETHER COVERED UNDER "WASHING OVERBOARD" PERIL: MEANING OF
"WASHING OVERBOARD": BURDEN OF PROOF
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
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
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
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
Drake
Insurance Plc (in provisional liquidation) v Provident Insurance Plc
English Court of Appeal; Pill, Clarke and Rix LJJ. ; 17 December 2003
INSURANCE: NON-DISCLOSURE: AVOIDANCE: INFORMATION KNOWN AT TIME OF CONTRACT:
TRUE FACTS AS LATER APPEAR: INSURER’S DUTY O F GOOD FAITH: WAIVER: DOUBLE
INSURANCE: RATEABLE CONTRIBUTION CLAUSES: VOLUNTARY PAYMENTS: PAYMENTS UNDER
PROTEST: PAYMENTS WITHOUT PREJUDICE
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
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
Chris
O'Kane v Jonathan Jones and others
English High Court: Richard Sibery, QC J.: 30 July 2003
MARINE INSURANCE: DOUBLE INSURANCE: ASSUREDS: UNDISCLOSED PRINCIPAL:
CANCELLATION OF POLICY FROM INCEPTION AFTER LOSS OCCURRED: TIME WHEN RIGHT TO
CONTRIBUTION ARISES - DATE OF PAYMENT BY FIRST INSURER OR TIME OF LOSS:
CALCULATION OF CONTRIBUTION: INDEPENDENT LIABILITY METHOD: MAXIMUM LIABILITY
METHOD: COMMON LIABILITY/DOUBLE LIABILITY METHOD: NON-DISCLOSURE OF UNPAID
PREMIUMS UNDER FIRST POLICY: WHETHER A MATERIAL FACT: WHETHER POLICY VOID FOR
MISTAKE
Lloyds
TSB General Insurance Holdings Ltd and Others v The Lloyds Bank Group Insurance
Co Limited: Abbey National Plc v Alan Godfrey Lee & Others (2001)
English House of Lords: Lords Nicholls, Hoffmann, Hobhouse, Millet and
Walker: 31 July 2003
BANKERS’ COMPOSITE INSURANCE POLICY: LIABILITY FOR MIS-SELLING: WHETHER
RESULTING FROM “any single act or
omission (or related series of acts or omission)”: aggregation: aggregation
clause: single underlying cause or common origin: whether equivalent to single
“originating cause”
Assicurazioni
Generali SpA -v- CGU International Insurance Plc and Others
English High Court: Commercial Court: Gavin Healey QC: 2 May 2003
REINSURANCE: REINSURERS TO "FOLLOW THE SETTLEMENTS WITHOUT QUESTION:
REINSURERS TO "PAY AS MAY BE PAID THEREON": EXCLUSION OF "EX
GRATIA" PAYMENTS: CLAIM WITHIN REINSURANCE POLICY AS A MATTER OF LAW:
INSURERS’ DUTY TO ACT HONESTLY: INSURERS’ DUTY TO TAKE PROPER AND
BUSINESS-LIKE STEPS IN SETTLING CLAIMS: MEANING OF "EX GRATIA"
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
Permanent
Trustee Company of Australia Limited & Anor v FAI General Insurance Co
Limited (in liquidation)
High Court of Australia; McHugh, Gummow, Kirby, Hayne and Callinan JJ;
[2003] HCA 25; 8 May 2003
Insurance: Obligations of insured to
disclose to insurer: extension granted Where insured had decided "probably
not" to renew policy for following year: Whether non-disclosure of
intention not to renew amounted to failure to disclose a "matter relevant
to the decision of the insurer whether to accept the risk" to extend policy
under s 21(1)(a) of the australian Insurance Contracts Act 1984: Whether
non-disclosure was a misrepresentation in breach of s 26(2) oF THE ACT
Paul
Toomey of Syndicate 2021 -v- Banco Vitalicio de Espana SA de Seguros y
Reaseguros
English Commercial Court: Andrew Smith, J: 20 May 2003
REINSURANCE: MISMATCH OF INSURED INTEREST: VALUED POLICIES: MATERIALITY:
MISREPRESENTATION: INDUCEMENT: FULL REINSURANCE CLAUSE: WARRANTY OF INSURED
INTEREST: BREACH
Brotherton
and others -v- Aseguradora Colseguros SA and another
English Court of Appeal: Buxton, Mance and Ward LJJ.: 22 May 2003
Insurance/reinsurance: Whether
materiality of non-disclosure can be assessed in light of subsequent events:
RIGHT OF AVOIDANCE: TIME OF EXERCISE: NO POWER OF COURT TO INTERVENE TO
CONTROL ITS USE RETROSPECTIVELY
Peter
Malcolm Brotherton and Others v. Aseguradora Colseguros and another
English Commercial Court: Moore-Bick J.: 26 February 2003
Insurance/reinsurance: Whether
materiality of non-disclosure can be assessed in light of subsequent events
Groupama
Insurance Company Limited v Overseas Partners Re Limited and Aon Limited
English Commercial Court: Morison, J.: 24 January 2003
INSURANCE: REINSURANCE: DUTY OF DISCLOSURE: MEANING OF "INCURRED
LOSSES": WHETHER DUTY TO DISCLOSE CLAIMS UNDER ORIGINAL POLICY NOT DECLARED
TO REINSURER
HIH
Casualty & General Insurance Limited & Others -v- Chase Manhattan Bank
& Others
English House of Lords: Lords Bingham, Hobhouse, Hoffmann, Scott and Steyn:
20 February 2003
INSURANCE: FILM FINANCE: PRELIMINARY ISSUES: CONSTRUCTION OF TRUTH OF STATEMENT
CLAUSE: WAIVER OF DUTY OF UTMOST GOOD FAITH: WAIVER OF BROKER'S DUTIES:
FRAUDULENT MISREPRESENTATION: PUBLIC POLICY
Drake
Insurance Plc -v- Provident Insurance Plc
English High Court: Moore-Bick J.:3 February 2003
MOTOR INSURANCE: CONTRIBUTION FROM ANOTHER INSURER:
ACCIDENT DECLARED AT INCEPTION INCORRECTLY AS "FAULT" ACCIDENT:
SPEEDING CONVICTION NOT DECLARED ON RENEWAL: INSURERS AVOID POLICY FOR
NON-DISCLOSURE: COMBINATION OF FAULT ACCIDENT AND SPEEDING CONVICTION WOULD HAVE
LED TO INCREASED PREMIUM: HAD FAULT ACCIDENT BEEN CORRECTLY DECLARED AS "NO
FAULT", SPEEDING CONVICTION ALONE WOULD NOT HAVE LED TO INCREASED PREMIUM:
DUTY OF UTMOST GOOD FAITH: WHETHER INSURERS OBLIGED TO REINSTATE POLICY ONCE
TRUTH KNOWN
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
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"
Bakerland Pty Ltd v Coleridge
Australia: New South Wales Court of Appeal; Giles, Heydon JJA and Grove J;
(2002) 12 ANZ Ins Cas 61-521;25 March 2002
INSURANCE — GENERAL INSURANCE — STORM DAMAGE — INDEMNITY — COLLAPSE OF
PART OF BUILDING — WHETHER INSURED ENTITLED TO INDEMNITY VALUE OF BUILDING
VIEWED ALONE AS DISTINCT FROM TOGETHER WITH THE LAND ON WHICH IT STOOD —
WHETHER INSURED WORSE OFF AS RESULT OF THE COLLAPSE — WHETHER INSURED HAD
PROVED COSTS OF REMOVAL OF DEBRIS
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
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
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
Kastor
Navigation Co Ltd. and Atlantic Bank of New York v. AGF M.A.T & Others
Commercial Court: Tomlinson J.: 4 December 2002
SHIPPING: INSURANCE: CONSTRUCTIVE TOTAL LOSS:
ACTUAL TOTAL LOSS: ACCIDENTAL FIRE IN ENGINE ROOM: VESSEL SUNK SHORTLY
AFTERWARDS: FIRE NOT PROXIMATE CAUSE OF SINKING: SINKING CAUSED BY WATER
ENTERING VESSEL IN UNKNOWN MANNER: NOTICE OF ABANDONMENT NOT SERVED: WHETHER
SERVICE OF NOTICE A CONDITION PRECEDENT: NO CONCEIVABLE BENEFIT TO UNDERWRITERS:
S.62(7) MARINE INSURANCE ACT 1906: TRANSFER BY OPERATION OF LAW
Nam Kwong
Medicines & Health Products Co. Ltd. v China Insurance Co. Ltd.
Hong Kong High Court: Stone J: 28th June 2002
MARINE INSURANCE: LOSS OF CARGO: ‘PHANTOM’ SHIP: INSTITUTE CLASSIFICATION
CLAUSE: S.44 MARINE INSURANCE ACT 1906 OF THE UK: WAREHOUSE TO WAREHOUSE CLAUSE
Direct Line Insurance Plc
v. Khan & Another
English Court of Appeal: The Vice-Chancellor, Buxton LJ and Lady Justice
Arden: 11 October 2001
HOUSE INSURANCE POLICY IN NAMES OF HUSBAND AND WIFE: CLAIM AGAINST
UNDERWRITERS FOR DAMAGE TO HOUSE AND CONTENTS CAUSED BY FIRE: ALSO FOR RENT OF
ALTERNATIVE ACCOMMODATION: RENTAL CLAIM FRAUDULENT: CLAIM MADE BY HUSBAND ON
WIFE’S BEHALF: CLAIM BY INSURERS FOR REPAYMENT OF ALL SUMS PAID IN RESPECT OF
FIRE: WHETHER POLICY JOINT OR SEVERAL: WHETHER WIFE’S CLAIM TAINTED BY HUSBAND’S
FRAUD
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
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
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
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
Project Asia Line Inc of Delaware and United Shipping
Services Limited v Andrew Shone & Others ("The Pride of
Donegal")
English High Court, Commercial Court: Andrew Smith, J.: 24
January 2002
FREIGHT INSURANCE UNDER VOYAGE POLICY: SHIP BREAKS DOWN IN
COURSE OF VOYAGE: WARRANTY OF SEAWORTHINESS AT COMMENCEMENT OF VOYAGE:
CLASSIFICATION WARRANTY: IN CLASS AT TIME OF EVENTS GIVING RISE TO CLAIM
Agapitos and Laiki Bank (Hellas) SA, v, Agnew and Others1
English Commercial Court: Moore-Bick J.: 24 July 2002
MARINE INSURANCE POLICY: CLAIM AGAINST HULL UNDERWRITERS FOR
TOTAL LOSS OF VESSEL ‘AEGEON’ CAUSED BY AN INSURED PERIL: DEFENCE OF BREACH
OF WARRANTY
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
Handelsbanken v. Dandridge and Others
English Court of Appeal: Lord Phillips MR, Potter and Arden LJJ: 30 April
2002
MARINE INSURANCE POLICIES: INSTITUTE WAR AND STRIKES HULLS-TIME
CLAUSES 1983 EDITION: ILLEGAL FISHING: SEIZURE AND DETENTION OF VESSEL UNDER
FISHERIES MANAGEMENT ACT 1991 OF AUSTRALIA: WARRANTY OF NO ILLEGAL FISHING:
POTENTIAL FORFEITURE OF VESSEL: FORECLOSURE PROCEEDINGS: SALE OF VESSEL:
INFRINGEMENT OF TRADING REGULATIONS: NATURE AND PURPOSE OF REGULATIONS: NATURE
OF VESSEL: ORDINARY JUDICIAL PROCESS: CIVIL PROCEEDINGS: EXECUTIVE ACTS:
EFFECTIVE DOMINANT CAUSE: FAILURE TO PROVIDE SECURITY: ANY FINANCIAL CAUSE:
CONCURRENT CAUSES OF LOSS OF USE: INSURED VALUE: SECURITY EXCEEDING VALUE OF
VESSEL: REASONABLENESS OF AMOUNT: LIKELIHOOD OF RECOVERY
Strive Shipping Corporation and Royal Bank of Scotland plc v
Hellenic Mutual War Risks Association (The Grecia Express)
English Commercial Court: Colman J.: 25 March 2002
Summary
This unusual case involved allegations by war risks insurers
that the person controlling the shipowner company, Mr Ventouris, not only caused
the vessel to be fraudulently cast away but failed to disclose (amongst other
things) that he had fraudulently cast away his own luxury power boat, the Coha
II, two months beforehand.
The court had no hesitation in clearing Mr Ventouris of any
involvement in either the loss of the Grecia Express or the other losses relied
on by insurers and held that there had been no non-disclosures entitling
insurers to avoid the policy. Nor had there been any breach of the duty to act
reasonably to avert the loss under section 78(4) of the Marine Insurance Act.
The judgment, however, raises some interesting points on the nature of moral
hazard and the duty of disclosure.
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
New Hampshire Insurance Co v Oil Refineries Limited
English Commercial Court: Judge Chambers QC: April 2002
INSURANCE: MATERIAL NON-DISCLOSURE: CLAIMS HISTORY: WAIVER:
SILENCE
GIO General Ltd v Wallace
New South Wales, Australia, Court of Appeal: Priestley, Heydon
and Hodgson, JA: [2001] NSWCA 299: October 2001
General insurance: Insurance contracts: Duty of disclosure:
Residential premises insured: increased used of Business premises led to
increased risk: Whether insured breached duty of disclosure: Whether insurer
breached duty to inform insured of duty of disclosure
General Accident Insurance Asia Limited v Sakr & Others
New South Wales, Australia, Court of Appeal: Giles, Hodgson JJA
and Sperling J : [2001] ACL Rep 235 NSW 15: November 2001
INSURANCE: Duty of disclosure: unoccupied property damaged by
fire: Insurer previously asked to remove loss of rent and public liability cover
because building vacant: insurer failed to inquire about occupancy when building
insurance policy renewed: Whether waiver of further compliance with duty of
disclosure
Gan Insurance Company Limited v The Tai Ping Insurance Company
Limited
English Court of Appeal: Brooke, Mance and Park LJJ.: March 2002
REINSURANCE: CLAIMS COOPERATION CLAUSE: "investigation and
assessment of any loss": FAILURE TO act in a "proper and business-like
manner": relevance and purpose of enquiries: SUFFICIENCY OF INFORMATION
SUPPLIED IN ANSWER: investigation of all matters relevant to a claim IncludES
coverage issues: conduct over settlement unbusinesslike: AMENDMENT OF PLEADINGS
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
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
Caledonia North Sea Limited v London Bridge Engineering Limited and Others
UK House of Lords: Lords Bingham, Mackay, Nicholls, Hoffmann
and Scott: February 2002
INSURANCE: CONTRACT: GUARANTEE AND INDEMNITY: DISASTER ON
OIL PLATFORM: EMPLOYEES OF CONTRACTORS INJURED AND KILLED: CLAIMS SETTLED BY
OPERATOR'S INSURERS : INDEMNIFIED BY INSURERS: RIGHTS OF SUBROGATION AND
CONTRIBUTION: INDEMNITY CLAUSES: OIL INDUSTRY PRACTICE : RECOVERY OF SCOTTISH OR
TEXAN LEVELS OF DAMAGES
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:
Konstantinos Agapitos v. Agnew and Others
English Court of Appeal: Brook, Mance and Park LJJ: March 2002
INSURANCE POLICY: AVOIDANCE: BREACH OF WARRANTY: MISREPRESENTATION DURING
LITIGATION: USE OF FRAUDULENT MEANS OR DEVICES TO PROMOTE A CLAIM: CLAIM
OTHERWISE VALID: SCOPE OF COMMON LAW RULE REGARDING FRAUDULENT CLAIMS: DURATION:
SUPERSEDED OR EXHAUSTED BY RULES OF LITIGATION: S.17 UK MARINE INSURANCE ACT
1906 (‘MIA’)
K/S Merc-Scandia V. Lloyd's Underwriters (The ‘Mercandian Continent)
English Court of Appeal: Walker and Longmore LJJ; Carnwarth J: [2001] 2 Lloyd’s
Rep. 563:
INDEMNITY UNDER A LIABILITY INSURANCE POLICY: SHIP-REPAIRERS INSURED FOR
NEGLIGENT REPAIRS TO VESSELS:CLAIM BY THE OWNER OF THE NEGLIGENTLY REPAIRED SHIP: ASSURED PRODUCED FORGED
DOCUMENT DURING THE LIABILITY LITIGATION: ASSURED IN LIQUIDATION: OWNER SUED
LIABILITY UNDERWRITERS: UNDERWRITERS DENIED LIABILITY UPON DISCOVERY OF FORGERY
BY ASSURED: WHETHER BREACH OF S. 17 MARINE INSURANCE ACT (1906) (‘MIA’) OR
BREACH OF A TERM IN POLICY
Manifest Shipping Ltd. v. Uni-Polaris Insurance Co. Ltd –
(The ‘Star Sea’)
English House of Lords: Lords Steyn, Hoffmann, Clyde, Hobhouse and Scott: [2001] 1 Lloyd’s Rep. 1:
MARINE INSURANCE: TIME POLICY: VESSEL CONSTRUCTIVE TOTAL LOSS BY FIRE:
1.UNSEAWORTHINESS (SECTION 39(5) OF THE MARINE INSURANCE ACT (‘MIA’)
1906): WAS THE VESSEL SENT TO SEA IN AN UNSEAWORTHY CONDITION WITH THE PRIVITY
OF THE ASSURED?
2.UTMOST GOOD FAITH: IS THE DUTY CONTINUING AFTER THE CONTRACT HAS BEEN MADE?
IF IT IS, COULD THE DUTY APPLY AFTER LITIGATION HAS COMMENCED? WAS THE ASSURED IN BREACH OF THE DUTY UNDER SECTION 17 OF THE MIA 1906?
Wong Shu Kuen v.Vianet International & Services Co. and China Insurance
Co Ltd Hong Kong, as third party
Hong Kong District Court: Carlson J: [2001] HKEC 570: March 2001
EMPLOYEE COMPENSATION CLAIM: EMPLOYER SEEKS JOINDER OF INSURER AS PERSON
APPEARING TO BE INTERESTED IN THE PROCEEDINGS: HONG KONG EMPLOYEES’
COMPENSATION ORDINANCE: LIABILITY OF INSURERS UNDER SECTIONS 43(1) AND 44(1) OF
ORDINANCE: DISPUTE UNDER EMPLOYEES’ COMPENSATION POLICY: MOTIVES FOR JOINDER:
WHETHER JOINDER RELEVANT TO ISSUES IN COMPENSATION PROCEEDINGS
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
Brotherton and others v Aseguradora Colseguros SA and another
REINSURANCE CONTRACT: SERVICE OUT OF THE JURISDICTION: SETTING ASIDE:
JURISDICTION: FORUM NON CONVENIENS : FACULTATIVE REINSURANCE CONTRACTS: CHOICE
OF LAW CLAUSE: EXCLUSIVE JURISDICTION CLAUSES: GENERIC JURISDICTION CLAUSES:
COLOMBIA : CIVIL PROCEDURE RULES: SERVICE ON AGENTS: OVERSEAS PRINCIPALS: STILL
IN BUSINESS RELATIONS
HIH Casualty & General Insurance Ltd. V (1) Axa Corporate
Solutions (Formerly Axa Reassurance SA) (2) New Hampshire Insurance Co
English High Court: Jules Sher QC: Unreported: 21 December
2001
COMMERCIAL: REINSURANCE: ESTOPPEL: PROMISSORY ESTOPPEL: CLEAR
AND UNEQUIVOCAL REPRESENTATION REQUIRED: FOREGO RIGHTS: RELIANCE ON
REPRESENTATION
Lloyds TSB General Insurance Holdings Ltd V Lloyds Bank Group Insurance
Abbey National Plc V Alan Godfrey Lee & Others
English Court of Appeal: Potter, Longmore LJJ, Lady Justice Hale: Unreported:
8 November 2001
INSURANCE POLICIES: CONSTRUCTION: PENSIONS MIS-SELLING: LARGE NUMBER OF
CLAIMS: DEDUCTIBLE AGGREGATION CLAUSE: SERIES OF CLAIMS RESULTING FROM RELATED
SERIES OF ACTS OR OMISSIONS: UNDERLYING CAUSE: COMMON ORIGIN
CGU International Insurance Plc v. Ashleigh Szabo & Others
English High Court: Toulson J.: Unreported: 6 November 2001
GLOBAL LIABILITY POLICY: ISSUED IN LONDON: OHIO LAW: EXTENSION OF COVER TO
EMPLOYEE’S FAMILY: EXTENSION OF COVER TO UNINSURED DRIVERS: MEANING OF
INSURED: GOVERNING LAW: JURISDICTION: NEGATIVE DECLARATIONS: COMITY
Tai Ping Insurance Co. Ltd. v. Tugu Insurance Co. Ltd
Hong Kong: Court of First Instance: Stone J: [2001]HKC 401: April 2001
INSURANCE: DOUBLE INSURANCE: WHETHER DOUBLE INSURANCE EXISTED: THE FOUR TESTS
FOR DOUBLE INSURANCE: BASIS OF CONTRIBUTION: MAXIMUM LIABILITY BASIS:
INDEPENDENT LIABILITY BASIS: EFFECT OF UNDER-INSURANCE: WHETHER UNDER-INSURANCE
EXISTED
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
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
Glowrange Ltd v. CGU Insurance Plc
English High Court: QBD Commercial Court: Colman J:
Unreported: 26 June 2001
HULL FAILURE : UNEXPLAINED : TOTAL LOSS : INSTITUTE YACHT CLAUSES 1.11.85 :
CAUSATION : INSURED PERIL : PERILS OF THE SEAS : VESSEL IN GOOD CONDITION :
BALANCE OF PROOF : THE POPI M : THE MAREL : REASON FOR WATER INGRESS : SUMMARY
JUDGMENT
Seashore Marine SA v. The Phoenix Assurance Plc and Others
English High Court, Queen’s Bench Division, Commercial Court: Aikens J.
May 2001: Unreported
HULL INSURANCE: LIABILITY TO PAY SALVAGE: INSTITUTE TIME CLAUSES (HULLS)
1.10.83: INSURED PERILS: PROXIMATE CAUSE: BURDEN OF PROOF
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
Scottish Equitable plc v. Derby
ILR 7 May 2001: March 2001: English Court of Appeal
MONEY PAID UNDER A MISTAKE OF FACT: EFFECT OF CARELESSNESS: DEFENCE OF CHANGE
OF POSITION
Although this case was set in an insurance context, it concerned recovery of
money paid under a mistake of fact. An insurance company had paid the holder of
one of its pension policies some £172,000 more than he was actually entitled
to. In defence to the claim for recovery of the money, the policyholder claimed
that he had ‘changed his position’ in reliance on the payment and that it
would not be equitable to require him to repay it. He also claimed that the
carelessness of the insurance company – which had given rise to the
overpayment in the first place – precluded it from recovering the overpayment.
The court held that carelessness was not a bar to the recovery of money paid
under a mistake of fact. The court also held that the defence of ‘change of
position’ was not available to the policyholder in respect of policy proceeds
spent in reducing his mortgage, on the grounds that the mortgage would, in any
event, have had to be repaid in accordance with its terms. The policyholder had
not therefore acted to his detriment in paying it off early. The court did allow
the defence in reference to some £9,700 which the policy holder had spent in
making modest – but unvouched – improvements to his life-style. There was no
issue regarding the remainder of the overpayment. This had been spent in
procuring a pension from another pension provider, which was willing to unwind
its position. In consequence, the policyholder would receive the pension to
which he would have been entitled, had no mistake been made, and (presumably)
the balance of the funds representing the overpayment would be returned to the
original insurance company.
DMC Rating Category: Developed
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