Claims, coverage and case law

Case law

Leading insurance and reinsurance authorities, each with its citation and the point it decided.

Core principles

Carter v Boehm

1766

(1766) 3 Burr 1905; 97 ER 1162, King's Bench (Lord Mansfield)

Insurance contracts are founded on utmost good faith and require disclosure of material facts; on the facts the insured succeeded, as the matters not disclosed were known or presumed known to the underwriter.

Lucena v Craufurd

1806

(1806) 2 Bos & PNR 269, House of Lords

A mere expectation of benefit is not an insurable interest; the policy was void and the underwriters succeeded.

North British and Mercantile Insurance v London, Liverpool and Globe Insurance

1877

(1877) 5 Ch D 569, Court of Appeal

Contribution arises only where policies cover the same interest; the bailee's insurers, covering primary liability, bore the loss alone.

Burnand v Rodocanachi

1882

(1882) 7 App Cas 333, House of Lords

Insurers cannot claim, by way of subrogation, a payment made to the insured as a pure gift rather than to reduce the loss.

Castellain v Preston

1883

(1883) 11 QBD 380, Court of Appeal

Indemnity: the insured is to be fully indemnified, but never more than fully indemnified, and the insurer's subrogation rights are wide.

Pawsey v Scottish Union and National Insurance Co

1907

(1907), cited in CII study materials

Source of the classic definition of proximate cause: the active, efficient cause that sets in motion a train of events.

Contract

Carlill v Carbolic Smoke Ball Co

1892

[1892] EWCA Civ 1; [1893] 1 QB 256, Court of Appeal

An advertisement can be a unilateral offer to the world, accepted by performing its conditions.

Liability

MacPherson v Buick Motor Co

1916

217 N.Y. 382 (1916), New York Court of Appeals (Cardozo J)

A manufacturer owes a duty of care to the ultimate user of a product that is dangerous if negligently made, regardless of privity of contract.

Marine

Herculito Maritime v Gunvor International (The Polar)

2024

[2024] UKSC 2, UK Supreme Court

A charterer-funded war risks insurance regime did not prevent the shipowner from recovering general average, including ransom, from cargo interests.

General information only, not legal advice. Read the full judgment before relying on any authority.