Acting for a major hotel group in arbitration
proceedings against their insurer in respect of property damage and business interaction losses of around US$ 30m arising out of the December 2004 Tsunami.
Assured subsequently brought
proceedings against the insurers, their servants and agents alleging various Greek law torts had been committed by the insurer parties in the course of handling the original claim and the defence of the original English action.
Not exact matches
This allows the injured claimant's legal representative to liaise directly with, and serve
proceedings against, a UK handling agent, thereby avoiding tortuous communications with the foreign
insurer.
We're back You forget to give the Motor
Insurers» Bureau (MIB) timely notice that your client was about to start
proceedings against an uninsured driver and the MIB refuses to waive the requirement.
(v) Excess
insurers seeking recovery from others they don't insure, possibly leading to subrogation or other recovery
proceedings being brought
against firm lawyers insured by other excess
insurers.
Such a case may start from Ukraine in terms of negotiations, then proceed judicially in Greece, security measures (ship arrest) may be taken in Romania; when it comes to enforcement of the judgement, and a Russian
insurer is involved refusing to pay under LOI issued for release of the ship in Romania, you have to initiate enforcement
proceedings in Russia, whereas the said vessel may have been arrested by the claimants for the second time in Bangladesh, on the same claim
against the new ship owner, where the court decides that it will hear the case
against the latter on the merits.
Wood v Perfection Travel [1996] LRLR 223 (Court of Appeal):
insurer's right to intervene in
proceedings against insolvent insured
The claimant returned home and later issued court
proceedings against the French driver's
insurer.
Advising London primary and excess
insurers on occupational disease class action
proceedings brought
against the South African gold mining industry
(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by
insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify
insurers against future loss and damage resulting from continuation of the foreign
proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.
(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both
insurers and employees and agents of the
insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek
proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims
against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.
«However, it seems that for the majority of cases where claimants are domiciled in England and injured either here or abroad by someone domiciled and insured abroad but within the European Economic Area or a contracting country, it will be possible to issue
proceedings against the foreign
insurer here with far greater facility, with concomitant cost savings and greater speed,» he adds.
Al Safat (2014): Anti suit injunction
against Kuwaiti
insurers in respect of commencement of
proceedings in non-contractual forum raising issues of enforceability of the forum selection clause in the bill of lading as a matter of Kuwaiti law and effect of Article 23 of the Judgments Regulation.