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Results: 1-10 of 19

Marine insurance contract formation

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 31 2008

In Allianz Insurance Co - Egypt v Aigaion Insurance Co SA Lawtel 19.12.08 the Appellant marine reinsurance company appealed against a decision that it was liable to the Respondent reinsured for its share of the loss suffered following a casualty in a fleet of insured tugs

Marine insurance ‘at all times’

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • March 30 2008

In Pratt v Aigaion Insurance Co SA Butterworths Law Direct 14.3.08 the Claimant was the owner of a fishing trawler

Strike out

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • April 30 2008

In Artibell Shipping Company Ltd v Markel International Insurance Company Ltd 2008 EWHC 811 the action was part of a number of claims and counterclaims following a CTL, involving the Claimant shipowner, Defendant hull underwriters, cargo interests and mortgagees

Constructive total loss

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • May 31 2009

In Dornoch Ltd and others v Westminster International BV and others 2009 EWHC 889 (Admlty) the court was asked to consider a number of issues arising out of a contract of marine insurance in the context of a constructive total loss following a collision

Additional party Brussels Regulation

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • February 28 2009

In (1) Dornoch Ltd (On Its Own Behalf & On Behalf Of All Other Underwriting Members Of Sydicate 1209 For The 2007 Year Of Account) (2) Royal & Sun Alliance Insurance Plc (3) Aspen Insurance UK Ltd & Ors v (1) Westminster International BV (2) Koninklijke Boskalis Westminster NV (3) Boskalis Westminster Ltd (4) Nigerian Westminster Dredging & Marine Ltd - Lawtel 17.2.09 the Applicant excess layer underwriters applied under CPR r.19.2 to join the primary layer underwriters as defendants to the action so that they would be bound by the court's determination of the issues which arose between all of the underwriters

Jurisdiction

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • March 7 2007

The much anticipated decision of the House of Lords in West Tankers Inc. v. RAS Riunione Adriatica di Sicurta SpA and Others was released on 21.2.07

Commercial Court rejects attempt by an insurer to avoid a policy on the grounds of failure on the part of the insured to disclose material facts

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • November 3 2010

In Garnat Trading & Shipping (Singapore) Pte Ltd v Baominh Insurance Corporation 2010 EWHC 2578 (Comm), the Defendant Insurers alleged that the Claimant Insured was not entitled to claim under the policy due to (a) material non-disclosure and (b) a breach of the implied warranty of seaworthiness in s.39 Marine Insurance Act 1906

The Commercial Court considers the issues relevant to making a disclosure order in the context of an application under s.51 Senior Courts Act 1981, in a situation where the applicant has been the victim of fraud

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • November 3 2010

In Owners andor Demise Charterers of the Dredger Kamal XXVI & the Barge Kamal XXIV (Claimants) v Owners of the Ship Ariela (Defendants) & Catlin (Five) Ltd (on its own behalf and on behalf of Syndicate 2020 at Lloyds for the 2003 year or account) & anor (Third Parties) 2010 EWHC 2531 Comm., the Applicant shipowner applied for disclosure by the Respondent underwriters in relation to an application for a third party costs order

Court declines to stay English proceedings in favour of parallel proceedings in Florida

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • October 31 2010

In Royal Sun Alliance Insurance Plc and others v Rolls Royce 2010 EWHC 1869, the High Court considered, but declined to clarify, the controversial decision by the ECJ in Owusu v Jackson 2005 QB 801 relating to the interpretation of Article 2 of the Brussels Convention (now superseded by Article 2 of the Brussels Regulation

Court of Appeal considers the validity of an insurer’s notice of cancellation under the Iran sanctions clause in a policy of marine insurance

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • June 10 2011

The Appellant was the representative of co-assureds under a composite policy of marine insurance issued by the Respondent, the assets insured by which comprised an Iranian fleet of oil tankers