Toomey v Eagle Star Insurance Company Ltd (No. 2)
Jurisdiction | England & Wales |
Date | 1995 |
Year | 1995 |
Court | Queen's Bench Division (Commercial Court) |
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11 cases
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ABN Amro Bank N.v v. Royal & Sun Alliance Insurance Plc
...Reliance was placed on various authorities where similar clauses had been given effect, including: Toomey v Eagle Star (No. 2) [1995] 2 Lloyd's Rep 88; HIH Casualty and General Insurance Ltd. v New Hampshire Insurance Co and others [2001] EWCA Civ 735; HIH Casualty and General Insurance L......
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HIH Casualty and General Insurance Ltd v Chase Manhattan Bank and Others
...to disclose could not be negligent. Having gone so far with the judge (and in disagreement with the judgment of Colman J in Toomey v Eagle Star Insurance Co Ltd(No 2) [1995] 2 Lloyd's Rep 88) Rix LJ said, at p 512, that this reasoning should have led the judge to conclude that the parties ......
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HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
...they said the judge was wrong not to apply nor to consider of particular help. He should rather have followed Colman J in Toomey v. Eagle Star Insurance Co Ltd (No 2) [1995] 2 Lloyd's Rep 88 and Aikens J in HIH v. Chase Manhattan Bank in applying the Canada Steamship principles to analogou......
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Hih Casualty and General Insurance Ltd and Others (Claimants) The Chase Manhattan Bank and Others (Defendants) The Chase Manhattan Bank (Claimants) Hih Casualty and General Insurance Ltd and Others (Defendants) The Chase Manhattan Bank (Claimants) Hih Casualty and General Insurance Ltd and Others (Defendants) Hih Casualty and General Insurance Ltd and Others (Claimants)
...excluding rescission forms part of a contract which upon rescission would be rendered retrospectively null and void." In Toomey v Eagle Star Insurance Co Ltd (No 2)56 Colman J, following the statements of Steyn LJ in the Pan Atlantic case, accepted the principles that a clause in a contract......
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