Insurance

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DMC/INS/16/01

England

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors, the “DC MERWESTONE” [[1]]

Supreme Court; Lords Mance, Clarke, Sumption, Hughes, Toulson; [2016] UKSC 45; 20 July 2016

INSURANCE: FRAUDULENT CLAIMS RULE; “COLLATERAL LIE”/“FRAUDULENT DEVICE” DOES NOT DEFEAT OTHERWISE VALID INSURANCE CLAIM


DMC/INS/15/02

England

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors – the D C Merwestone

[2014] EWCA Civ 1349: Clarke and Vos LLJ and Sir Timothy Lloyd: 16 October 2014:[[2]]

MARINE INSURANCE: WHETHER OTHERWISE VALID CLAIM BY OWNERS FORFEIT DUE TO OWNERS' FRAUDULENT DEVICE: WHETHER DEFENCE OF FRAUDULENT DEVICE: CONTRARY TO ARTICLE 1 OF THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS EFFECTED IN ENGLISH LAW BY THE HUMAN RIGHTS ACT 1998


DMC/Ins/15/01

Hong Kong

Hua Tyan Development Ltd v Zurich Insurance Co Ltd

Hong Kong Court of Final Appeal: Ma CJ, Ribeiro, Tang, Fok PJJ and Lord Neuberger of Abbotsbury NPJ: FACV No.18 of 2013: (2014) 17 HKCFAR 493: 10 September 2014[[3]]

MARINE INSURANCE: DEADWEIGHT WARRANTY: BREACH OF WARRANTY DESPITE NAMED VESSEL WAS STATED TO BE “APPROVED VESSEL”: NO ACTUAL OR CONSTRUCTIVE KNOWLEDGE BY INSURER OF DEADWEIGHT CAPACITY OF VESSEL: NO WAIVER BY INSURER: RECTIFICATION OF CONTRACT REFUSED


DMC/INS/13/02

England

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors

English High Court: Queen’s Bench Division: Commercial Court; Popplewell J; [2013] EWHC 1667 (Comm); 14 June 2013:[[4]]

MARINE INSURANCE: WHETHER CLAIM BY OWNERS WAS AN INSURED PERIL: WHETHER OTHERWISE VALID CLAIM BY OWNERS FORFEIT DUE TO OWNERS' FRAUDULENT DEVICE: ELEMENTS OF DEFENCE OF FRAUDULENT DEVICE: APPLICATION OF DEFENCE OF FRAUDULENT DEVICE


DMC/INS/13/01

England

Sealion Shipping Limited and Toisa Horizon Inc v Valiant Insurance Company: The MV “Toisa Pisces”

English High Court; Blair J; [2012] EWHC 50 (Comm); 20 January 2012

English Court of Appeal; Gross, Tomlinson, and Pill LJJ; [2012] EWCA Civ 1625; 14 December 2012:[[5]]

MARINE INSURANCE: CAUSATION/‘ANY ONE OCCURRENCE’: INCHMAREE CLAUSE DUE DILIGENCE PROVISO


DMC/INS/11/04

United Kingdom

Syarikat Takaful Malaysia Berhad v. Global Process Systems Inc & Anor

United Kindgom Supreme Court: Lords Mance, Collins, Clarke, Dyson, and Saville: [2011] UKSC 5: 1 February 2011: [Systems]

MARINE INSURANCE: CAUSATION: WHETHER LEGS OF OIL RIG FALLING OFF DURING VOYAGE CAUSED BY PERILS OF SEA OR INHERENT VICE: s.55(2)(c) MARINE INSURANCE ACT 1906 : s.55(1) MARINE INSURANCE ACT 1906


DMC/INS/11/03

England

Melinda Holdings SA v. Hellenic Mutual War Risks Association (Bermuda) Ltd.

English High Court; Burton J; [2011] EWHC 181 (Comm), 18 February 2011: [[6]]

WAR RISKS INSURANCE: EXCLUDED CAUSES: ORDINARY JUDICIAL PROCESS: INSURED’S OBLIGATION TO SUE AND LABOUR: STANDARD OF PROOF


DMC/INS/11/02

United Kingdom

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Lexington Insurance Co

House of Lords: Lord Phillips of Worth Matravers , Lord Walker of Gestingthorpe , Lord Brown of Eaton-under-Heywood , Lord Mance , Lord Collins of Mapesbury: [2009] UKHL 40: [[7]]

INSURANCE: NO GOVERNING LAW EXPRESSED IN THE POLICY: FACULTATIVE REINSURANCE SUBJECT TO ENGLISH LAW: WHETHER PERIOD OF COVER TO BE CONSTRUED AS BACK TO BACK WITH THE UNDERLYING INSURANCE, AS INTERPRETED BY FOREIGN COURT


DMC/SandT/11/01

English Court of Appeal

Masefield AG v Amlin Corporate Member Ltd

[2011] EWCA Civ 24: Court of Appeal, Civil Division: Rix, Moore-Bick and Patten LJJ: 26January 2011: [[8]]

MARINE CARGO INSURANCE: VESSEL, CREW AND CARGO TAKEN BY PIRATES, LATER RELEASED ON PAYMENT OF RANSOM: NOTICE OF ABANDONMENT: CLAIM THAT ASSURED IRRETRIEVABLY DEPRIVED OF CARGO: WHETHER CARGO AN ACTUAL TOTAL LOSS UNDER s.57(1) MARINE INSURANCE ACT 1906: WHETHER PAYMENT OF RANSOM CONTRARY TO PUBLIC POLICY


DMC/INS/10/02

English High Court

Masefield AG -v- Amlin Corporate Member Ltd [2010] EWHC 280 (Comm): David Steel J.: 18 February 2010[[9]]

MARINE CARGO INSURANCE: VESSEL, CREW AND CARGO TAKEN BY PIRATES, THEN RELEASED ON PAYMENT OF RANSOM: NOTICE OF ABANDONMENT: CLAIM THAT ASSURED IRRETRIEVABLY DEPRIVED OF CARGO: WHETHER CARGO AN ACTUAL TOTAL LOSS UNDER s.57(1) MARINE INSURANCE ACT 1906: WHETHER CARGO A CONSTRUCTIVE TOTAL LOSS UNDER s.60(1): PIRACY: POSSESSION: WHETHER PAYMENT OF RANSOM CONTRARY TO PUBLIC POLICY


DMC/INS/01/10

Lexington Insurance Company v AGF Insurance Limited; Lexington Insurance Company v Wasa International Insurance Company Limited

House of Lords: Lords Phillips, Walker, Brown, Mance and Collins: [2009] UKHL 40: 30 July 2009

REINSURANCE: PROPORTIONAL FACULTATIVE REINSURANCE POLICY: PHYSICAL LOSS AND DAMAGE TO PROPERTY: TEMORARAL SCOPE OF A TIME POLICY: WHETHER REINSURANCE POLICY IS TO BE CONSTRUED AS PROVIDING BACK-TO-BACK COVER WITH THE PRIMARY INSURANCE POLICY WHERE UNCERTAIN GOVERNING LAW OF INSURANCE POLICY PROVIDED WIDER SCOPE OF COVERAGE

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