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Related Flashcards
Related Topics
Cards In This Set
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Bolton Metropolitan Borough Council v. Municipal Mutual Insurance Ltd and Commercial Union Assurance Company (2006)
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Correct trigger for long-tail claims (asbestos) under PL is when the claimant fell ill
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Durham v. BAI
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Exposure to asbestos is the right trigger under EL
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Kajima UK Engineering Lts. V. Underwriter Insurance Company (2008)
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Notification and actual claim not related, 2 different issues - insurer not liable (construction project - sinking)
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HLB Kidsons v. Lloyd's Underwriters (2008)
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Notification has to be clear about the circumstance (claim denied - tax accountants)
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Aspen Insurance UK & Others v. Pectel Ltd (2008)
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A circumstance likely to give a rise to a claim has to be notified, the risk has to be real
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Limit No.2 v. AXA Versicherung Ag(2008)
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Reinsurance treaty extended and renewed. insurer closing covers with lower deductible than promised. 2nd treaty = new contract and misrep did not apply
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Laker Vent Engineering v. Templeton Insurance Co (2008)
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Complaint, arbitration after renewal only - non-disclosure? relations were amicable before renewal - ins. liable
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Nobleright Ltd v. Sirius Intl Corporation and Lloyds syndicate 1200 (2007)
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Non-disclosure of previous losses - form stated losses above £10K - arguing waiver - failed. policy avoided
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North Star Shipping & Ors v. Sphere Drake Ins (2006)
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Allegations of dishonesty not disclosed - policy avoided
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Kosmar Villa Holidays v. Trustees of Syndicate 1243 (2008)
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Public liability cover - late notification but ins. communicated so it waived compliance with the condition precedent. ins. liable
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Midland Mainline Ltd. & Others v. Eagle Star Insurance (2004)
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Speed restrictions due to rail cracking-> disruption to rail services - > claiming under business interruption. Wear & tear (cracking) - exclusion; cracking found as the proximate cause - ins. not liable
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John Thomas Pratt v. Aigaion Ins. Co SA (2008)
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Warranty required a skipper on board (navigational hazards) -> vessel caught fire, ins. trying to repudiate. contra proferentum - claim succeeded
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GE Frankona Reinsurance v. Cmm Trust No.1400 (2006) = The Newfoundland Explorer
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Warranty - crew onboard all the time; fire. warranty breached - claim denied
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GE Reinsurance Corp. v. Royal&Sun Alliance Ins&Others (2003)
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Reinsurance warranty: the CEO has to be employed for the duration of the policy (5 yrs) - he left after a year, breach ->no coverage
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Matthew Bennett v. AXA ins (2003)
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Pizzeria caught fire; waste not removed; ins'd argued the risk of fire would be the same; court disagreed->warranty breached, claim denied
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