The bankruptcy of Sean Quin, the founder of Quinn Insurance was annulled on the basis that he had failed to disclose that he held an Irish passport and was a registered voter in the Republic of Ireland where he paid 20% of his taxes. This will permit his creditors to pursue him for debts alleged to be owed including Anglo Irish Bank which is claiming more than €2 billion.
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A car passenger could not claim under the Motor Insurers' Bureau Agreement after he had been injured while in possession of cannabis with an intent to supply, as the vehicle was being used in the course or furtherance of a crime within cl. 6 (1) (e) (iii) of the Agreement and "crime" was not restricted to "serious crime".
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The terms of a settlement agreement in a Tomlin order could be enforced without lifting the stay and without the need to issue fresh proceedings. The decision of the Court of Appeal in Hollingsworth v Humphrey did not address declarations, specific performance or damages other than under contract. Whether its impact was limited to the RSC and did not apply to the CPR did not need to be determined.
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Following a claim under a household insurance policy in respect of subsidence damage the homeowner made an offer to settle before issuing proceedings. The letter stated that the offer was made pursuant to Part 36 and remained open for acceptance for 21 days after which it could only be accepted if costs were agreed or the court gave permission. The offer was not accepted within the 21 day period and proceedings were issued. Five months later insurers purported to accept the offer. The homeowner ...
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The Black and Veatch insurance programme consisted of a tower of insurance contracts providing it with worldwide cover for any one claim (and in annual aggregate) of US$60 million in excess of the deductible and self insured retention. The first layer was written by Lexington Insurance. Above this were three further layers of excess of loss insurance written by Black and Veatch's captive insurer Teal. There was then a 'top and drop' policy for an additional cover of up to £10 million per claim o ...
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Insurers were not estopped from raising a new allegation of breach of warranty some 7 years after the original letter of declinature and where proceedings had already taken place against brokers. At no stage did the insurers' correspondence or conduct give rise individually or cumulatively the essential unequivocal representation required for estoppel by representation.
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The FSA brought public interest petitions to wind up a business providing extended warranty contracts on the basis that the contracts they were entering were contracts of general insurance within the meaning of the Regulated Activities Order and the business should have been authorised. The type of insurance that the business was offering (benefits in kind) was not subject to Directive 73/329, and that because the amendment to the Directive 84/641 addressed only benefits in kind insurance in rel ...
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A clause in a marine insurance policy providing that claims 'be settled in accordance with English Law and practice and shall be so settled in Abu Dhabi (UAE)' was an exclusive jurisdiction clause in favour of the Abu Dhabi courts. On the facts there was no overwhelming or very strong reason to displace the jurisdiction clause and the claim had no connection with England other than the choice of law clause.
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Insurers were not entitled to assist on the appointment of a panel solicitor under a before the event insurance policy providing cover for legal expenses. The selection of another solicitor would not of itself be a breach of the insured's obligation to act reasonably. The assessment of reasonable costs would depend on the Court's assessment. While the Court may take in to account the fact that there were other solicitors willing to accept panel rates it would also have regard to assessing the re ...
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Service outside the jurisdiction was not set aside where the insurer had much the better of the argument that there had been an implied choice of English law. While the mere placing of a policy in the London market was not conclusive there many factors pointing to this: the risk was broked and issued in London; the policy was on a London market underwriting slip which referred to London market institutions and features; the stamp applied to the slip employed London market abbreviations; and noti ...
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