Insurance case reports

An alphabetical list of insurance and reinsurance case reports available on OUT-LAW. (See also: the most recent insurance cases) 

• FOS v Heather Moor (11/06/2008)
  The Court of Appeal upheld the right of the FOS to charge a firm the standard case fee, irrespective of outcome.
• Harcourt v FEF Griffin (27/06/2007)
  The High Court ordered the defendants to a personal injury claim to disclose information about the nature and extent of their insurance cover.
• Johnston v NEI International Combustion (17/10/2007)
  The House of Lords held that the presence of pleural plaques, whether or not combined with a risk of developing an asbestos-related disease and anxiety about that risk, could not form the basis of a claim in negligence.
• Kajima v The Underwriter Insurance Company (25/01/2008)
  A notification of a circumstance under a professional indemnity policy was only effective as regards the specific circumstances notified.
• Kamidian v Holt (27/06/2008)
  In the context of fine art insurance where provenance could not be proved, there was an implied representation that the item was generally accepted by the art world to be an authentic Fabergé egg clock.
• Kidsons v Lloyd's Underwriters (09/08/2007)
  Whether a circumstance has been notified depends, not on the insured's intention but on the reasonable understanding of the recipient.
• Kosmar v Trustees of Syndicate 1234 (29/02/2008)
  The Court of Appeal held insurers had not waived their right to rely on breach of condition precedent despite failing to reserve their position.
• Lexington v Multinacional de Seguros (23/05/2008)
  An assertion that there had been breach of a clause that was a condition precedent to liability did not waive reinsurers' right to rely on a subsequent breach of the clause to deny the claim.
• R v FOS (11/06/2008)
  The Court of Appeal confirmed the FOS does not have to decide cases strictly in accordance with English law, but by reference to what is fair and reasonable in all the circumstances.
• Scottish Coal v RSA (28/04/2008)
  A change in risk clause requires a material alteration in the subject matter of the risk, not merely an increase in the risk.   
• Standard Life v Oak (13/02/2008)
  A PI policy with a £25 million excess "each and every claim and/or claimant" applied the excess on a per claimant basis.
• Temple v QBE (23/04/2008)
  In the absence of clear terms in an underwriting agency agreement, the agent was not entitled to handle run-off claims after termination.
• Tesco v Constable (16/04/2008)
  The Court of Appeal confirms that a standard public liability policy covers liability in tort and contractual liability co-extensive with that liability in tort - not "pure" economic loss.
• Trader Media v Revenue and Customs (08/05/2008)
  The operator of a website that enabled visitors to buy insurance from a panel of insurers was acting as an insurance agent or broker and providing insurance intermediary services for the purposes of the VAT exemption.
• Tyco v Rolls-Royce (02/04/2008)
  A provision for joint names insurance in a construction contract does not necessarily mean the contractor will be immune from claims brought by co-insureds.
• WASA v Lexington (29/02/2008)
  The Court of Appeal held reinsurers liable to indemnify against settlements of US environmental claims, even though damage occurred outside the policy period.
• West London Pipeline v Total (09/06/2008)
  The court had no jurisdiction to order disclosure of the defendant’s insurance cover as it was not a matter in dispute in the proceedings.
• Wilson v Hurstanger (04/04/2007)
  A broker negotiating a loan who was paid a fee by his consumer clients and a commission from the lender had breached his fiduciary duty to his clients because he did not disclose the actual amount.