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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
New Hampshire Insurance Co v Oil Refineries Limited
English Commercial Court: Judge Chambers QC: April 2002
INSURANCE: MATERIAL NON-DISCLOSURE: CLAIMS HISTORY: WAIVER:
SILENCE
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
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
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