Insurance - 1997

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This page lists 66 cases, and was prepared on 28 October 2012.

Layher Ltd -v- Lowe and Others
8 Jan 1997 CA	Insurance
	The insurers became insolvent, and re-insurers sought to escape liability saying that no sums had been paid out to trigger the re-insurer's liability. Held: Re-Insurers were liable under a policy requiring them to pay out on sums paid out by the insurer even though no notice of claim had immediately been given.

Crystal Eye Management (Pty) Limited -v- Entertainment Guarantees Limited and Victor William Broad [1997] EWCA Civ 773
15 Jan 1997 CA Lord Justice Leggatt Lord Justice Pill Lord Justice Ward	Insurance	Casemap 1 Cites
	The plaintiffs underwrote a film. The excesses for which they were liable were insured. The plaintiffs came to claim under the insurance, and Lloyds sought to intervene. The plaintiffs obtained judgement against the defendants by default. It later appeared that the sum for which judgement was entered had been claimed in error. They later sought to claim an alternative smaller sum, but only later to reverse the incorrect judgement. The interveners resisted on the grounds of the plaintiff's delay. The plaintiff pointed to the windfall which the defendants would receive. The plaintiff appealed a refusal to allow the amendment. Held (majority): The appeal was granted. The delay was inordinate, but a refusal would not do justice to the parties.
	Third Parties (Rights Against Insurers) Act 1930
	Link[s] omitted

Haydon and Others -v- Lo & Lo (A Firm) and Another [1997] UKPC 2
23 Jan 1997 PC Lord Goff of Chieveley, Lord Griffiths, Lord Lloyd of Berwick, Lord Hope of Craighead, Sir Christopher Slade	Insurance, Commonwealth	Casemap 1 Cites
	A claim was made under a professional indemnity policy. The solicitors' clerk had through a series of frauds embezzled some HK$50m. The insurers said that this was one claim, and that their liability was limited to the maximum under the policy. The question was whether this was 'one claim' or a series of claims. Held: The phrase referred to the claim as directed against the firm by the client who had lost out, and not to the several acts of appropriation by the clerk. "it is the underlying facts which are determinative, and . . . the formulation of the claim by the third party cannot be decisive of an insurer's liability, whether for the purpose of calculating the deductible, or for any other purpose. " (Hong Kong)
	Link[s] omitted

Manifest Shipping Co Ltd -v- Uni-Polaris Shipping Co Ltd and Another [1996] EWCA Civ 1279
23 Jan 1997 CA	Insurance
	The results which would follow from a fraudulent insurance claim should not to be extended similarly to follow from culpable non-disclosure in the absence of fraud.
	Link[s] omitted

Colin Baker (Syndicate 126 at Lloyd's In 1982) -v- Lombard Continental Insurance Plc and Jardine Thompson Graham [1997] EWCA Civ 839
24 Jan 1997 CA	Insurance
	Link[s] omitted

Gary Power -v- Provincial Insurance [1997] EWCA Civ 1037
18 Feb 1997 CA Staughton LJ, Pill LJ, mummery LJ	Criminal Practice, Insurance	Casemap 1 Cites
	The insured had failed to disclose an earlier drink driving conviction on applying for insurance over five years later. The insurers refused cover on an accident. The plaintiff said that the conviction was spent under the 1974 Act. The endorsement remained 'effective' on his licence for 11 years should he be convicted again. The court asked whether an endorsement was part of the penalty and rehabilitated. Held. The endorsement was a penalty within the meaning of the section and should have been disclosed.
	Road Traffic Act 1972 - Rehabilitation of Offenders Act 1974
	Link[s] omitted

Society of Lloyd's -v- D Leighs & Others; Society of Lloyd's -v- D Wilkinson & Others [1997] CLC 759; [1997] 6 Re LR 214
20 Feb 1997 ComC Colman J	Insurance	Casemap 1 Cites 1 Citers
	ComC Lloyd's Litigation - issues relating to recovery from names

Power -v- Provincial Insurance Plc
27 Feb 1997 CA	Insurance
	Driving licence endorsement not a penalty for rehabilitation/disclosure purposes.
	Rehabilitation of Offenders Act 1974

Pride Valley Foods Limited -v- Independent Insurance Company Limited and Lombard General Insurance Company Limited [1997] EWCA Civ 1118
27 Feb 1997 CA	Insurance
	Application for leave to appeal.
	Link[s] omitted

Royal Boskalis Westminster NV and others -v- Trevor Rex Mountain and others [1997] EWCA Civ 1140; [1999] QB 674; [1998] 2 WLR 538; [1997] 2 All ER 929; [1997] LRLR 523
28 Feb 1997 CA Stuart-Smith LJ	Insurance	Casemap 1 Cites 1 Citers
	Effect of illegality on a contract.
	Link[s] omitted

Cambridge -v- Callaghan and Motor Insurers' Bureau [1997] EWCA Civ 1212
11 Mar 1997 CA	Road Traffic, Personal Injury, Insurance
	[ Bailii ]

Credit Lyonnais -v- New Hampshire Insurance Company [1997] EWCA Civ 1218; [1997] 2 Lloyd’s Rep 1
12 Mar 1997 CA	Jurisdiction, Insurance	Casemap 1 Citers
	Link[s] omitted

William John Ham -v- Somak Travel Ltd -v- Somak Travel Ltd (Kenya) and Economic Insurance Co Ltd and Corks Bay and Fisher Ltd [1997] EWHC Admin 258
12 Mar 1997 Admn	Insurance, Consumer	Casemap 1 Cites 1 Citers
	The claimant purchased a holiday in Kenya from the defendants. Whilst there he was injured in a hot air balloon flight, and claimed on his insurance.
	Link[s] omitted

Power -v- Provincial Insurance Plc
19 Mar 1997 CA	Insurance
	Expired driving ban was spent after five years for application for insurance.
	Rehabilitation of Offenders Act 1974 1(3)

State of the Netherlands -v- John Richard Ludbrooke Youell & Another Unreported, 20 March 1997
20 Mar 1997 ComC Rix J	Insurance	Casemap 1 Cites 1 Citers
	ComC Marine insurance - joint and composite insurance - distinction - relevance of subrogation - pervasive interests of co-assured - no bar to composite status - voluntary payment - relevance of wilful misconduct - application to co-assured - scope of policy - loss - wilful misconduct - fortuity - sue and labour - agency - causation
	Marine Insurance Act 1906 55(2)(a) 78(4)

Promet Engineering (Singapore) Pte Ltd (Formerly Self-Elevating Platform Management Pte Limited) -v- Nicholas Colwyn Sturge and others (The Nukila) [1997] EWCA Civ 1358; [1997] 2 Lloyds Rep 146
26 Mar 1997 CA Hobhouse LJ	Insurance	Casemap 1 Citers
	Insurers were liable for other damage to ship hull if there had been more than a latent defect in it. In Inchmaree clauses in English law, "damage" usually refers to a changed physical state.
	Link[s] omitted

Peninsular and Oriental Steam Navigation Company and others -v- John Richard Ludbrooke Youell (Representative Underwriter) and others [1997] EWCA Civ 1356
26 Mar 1997 CA	Insurance
	Sums 'to pay as damages... howsoever arising' included damages to passengers.
	Link[s] omitted

Sonia Silverton -v- Vincent Goodall and Motor Insurance Bureau [1997] EWCA Civ 1363; [1997] PIQR 451
26 Mar 1997 CA Sir Ralph Gibson	Road Traffic, Insurance, Personal Injury	Casemap 1 Citers
	Sir Ralph Gibson explained the historical development of the Motor Insurers Bureau describing it as "a novel piece of extra statutory machinery".
	Link[s] omitted

Christopher David Sargent -v- GRE (Uk) Limited [1997] EWCA Civ 1414
16 Apr 1997 CA Lord Justice Leggatt, Lord Justice Thorpe, Lord Justice Mummery	Insurance, Consumer	Casemap 1 Cites
	The plaintiff had been injured, losing a finger, playing football whilst in the forces. He was unable to continue his profession within the army, and claimed under his insurance against loss of employment through permanent disablement. The insurers responded that he was able to do other work. Held: An unclear provision in a consumer insurance contract is to be construed broadly. "A broader approach to the construction of a provision in a commercial document, such as this policy, is appropriate, embracing consideration of the policy as a whole, its context, scheme and the surrounding circumstances. That approach should help to bring into sharper focus the object and purpose of the provisions which lack linguistic clarity." Applying such a reading, the policy was construed to read that 'any occupation' in this context meant within the Armed Forces, and accordingly the appeal succeeded, and the benefit was payable.
	Link[s] omitted

Jeffrey Harry Cook -v- Financial Insurance Company Limited [1997] EWCA Civ 1428
17 Apr 1997 CA	Insurance	Casemap 1 Citers
	Link[s] omitted

Keppel Corporation Limited -v- Chase Manhattan Bank [1997] EWCA Civ 1452
18 Apr 1997 CA	Insurance
	Link[s] omitted

Dharam Prakash Gopee -v- Sun Alliance and London Insurance Plc [1997] EWCA Civ 1460
21 Apr 1997 CA	Insurance
	Link[s] omitted

Society of Lloyd's -v- D Leighs & Others; Society of Lloyd's v D Wilkinson & Others (No. 2) [1997] CLC 1012; [1997] 6 Re L.R. 214
23 Apr 1997 ComC Colman J	Insurance
	ComC Lloyd's Litigation - Misrepresentation, fraudulent - Rescission, restitutio in integrum - Rescission, effect on third parties' rights - Anti-set-off clauses, counterclaim for fraud - Pay now, sue later clauses, counterclaim for fraud - Lloyd's, membership, rescission - Misrepresentation Act 1967, Section 3, meaning - Stay of Execution, contractually excluded

Sphere Drake Insurance plc & Another -v- Basler Versicherungs-Gesellschaft; The Orion Insurance Company plc -v- Basler Versicherungs Gesellschaft & Anr (Consolidated actions) Unreported, 29/04/1997
29 Apr 1997 ComC Moore-Bick J	Insurance	Casemap 1 Citers
	Insurance - agreement to limit liability - binding nature - discharge from further liability

Phillips -v- Society of Lloyd's
9 May 1997 QBD	Insurance
	Those wishing to pursue challenge to the proposals for the Lloyd's litigation are to issue proceedings before May 16 1997.

Thomas O'Neill and Margarita O'Neill -v- Co-Operative Insurance Society Ltd [1997] EWCA Civ 1669
9 May 1997 CA	Insurance, Road Traffic
	Link[s] omitted

New Hampshire Insurance Company and others -v- Phillips Electronics North America Corporation [1997] EWCA Civ 1727; [1998] CLC 1062
16 May 1997 CA Phillips LJ	Jurisdiction, Insurance	Casemap 1 Citers
	In the context of applications for negative declarations: "1. There is power to grant a negative declaration in an appropriate case, the fundamental test being whether it would be useful. 2. However, careful scrutiny will be exercised not only to test the utility, or the futility, of seeking to determine the claim by means of a negative declaration in England, but also to ensure that inappropriate forum shopping is not allowed, let alone encouraged. 3. A negative declaration will not be appropriate where it is premature or hypothetical, viz where no claim has been made or threatened against the plaintiff. 4. The existence of imminent or a fortiori current foreign proceedings is always a highly relevant consideration, not only for the purpose of testing the utility of the English claim, but also so as to having in mind the need to avoid the twin dangers of forum shopping and of the vices of concurrent proceedings." England was the natural forum to resolve issues of construction of a policy which fell to be determined by English law, but those issues were to be dealt with first and discretely and if resolved in one way would obviate the need for any further trial.
	Link[s] omitted

Kuwait Airways Corporation and Another -v- Kuwait Insurance Company Sak [1997] EWCA Civ 1745; [1997] 2 Lloyd's Rep 687
21 May 1997 CA	Insurance	1 Cites 1 Citers
	Link[s] omitted

Economides -v- Commercial Union Assurance Co Plc [1997] EWCA Civ 1754; [1998] QB 587
22 May 1997 CA Simon Brown LJ, Lord Justice Peter Gibson	Insurance, Consumer, Contract	Casemap 1 Citers
	The insured represented to the insurers that he believed that the full cost of replacing all the contents in his flat as new was £16,000. He contended that that meant that he honestly believed that £16,000 was the full value. The insurers submitted that the representation meant that the insured honestly believed that £16,000 was the full value and had reasonable grounds for that belief. Held: Items which had been valued honestly by the owner for an insurance policy were covered by that policy. iI is insufficient to prove falsity of a representation of belief simply to establish that there were no reasonable grounds for such belief. An insurance company requiring a valuation should state so clearly in what was otherwise a consumer insurance contract.
	Marine Insurance Act 1906 20
	Link[s] omitted

Max Myer Kingsley -v- Independent Insurance Company Limited [1997] EWCA Civ 1769
23 May 1997 CA	Insurance
	Link[s] omitted

Poole Harbour Yacht Club -v- Excess Insurance Company Ltd [2001] Lloyd's Rep. I.R. 580
13 Jun 1997 ComC Thomas J	Insurance
	Insurance - scope of indemnity in respect of costs of defending claims - cost of defending claim - requirement of consent of insurers

Society of Lloyd's v Colfox & Others [1998] Lloyd's Rep IR 186; [1997] CLC 1411
16 Jun 1997 ComC Cresswell J	Insurance
	ComC Lloyd's Litigation - renewal and reconstruction - market settlement - case management of cases where there is dispute between names and Lloyd's as to whether a binding contract was concluded

Robson -v- S Marriott and Guardian Insurance Limited [1997] EWCA Civ 1947
24 Jun 1997 CA	Road Traffic, Insurance
	Road Traffic Act 1988 151
	Link[s] omitted

Tga Chapman Limited; Benson Turner Limited -v- Paul George Christopher and Sun Alliance and London Insurance Plc [1997] EWCA Civ 2052
8 Jul 1997 CA	Insurance
	Link[s] omitted

Callaghan and Another -v- Dominion Insurance Company Ltd and Others
14 Jul 1997 QBD	Insurance
	Nature of indemnity insurance was defined as giving insured right upon suffering loss to be restored to his original position.

T G A Chapman Ltd and Another -v- Christopher and Another
21 Jul 1997 CA	Insurance
	Limit on insurers liability on indemnity policy applied to damages; Costs also payable by insurer who decided to defend case.

New Zealand Forest Products Limited -v- the New Zealand Insurance Company Limited [1997] UKPC 37
21 Jul 1997 PC	Commonwealth, Insurance
	(New Zealand) The extent of the cover provided by a Company Reimbursement Policy.
	[ Bailii ]

Samuel Evans -v- Motor Insurance Bureau Times, 10 November 1997
29 Jul 1997 ComC Thomas J	Arbitration, Insurance	Casemap 1 Cites 1 Citers
	ComC Untraced Drivers Scheme of the Motor Insurers Bureau – obligation to award interest – power to award interest under section 19A of the 1950 Act.
	Arbitration Act 1950 19A

Insurance Corporation of the Channel Islands -v- Royal Insurance (Uk) Ltd [1997] EWHC Comm 373; [1998] Lloyds Rep IR 151
30 Jul 1997 ComC Mance J	Insurance
	Link[s] omitted

Society of Lloyd's -v- Dennis Hugh Rld Leighs; Geoffrey Herbert Lyon and David Walter Wilkinson and Canadian Names Intervenors [1997] CLC 1398; [1997] 6 Re LR 289; Times, 11 August 1997; Independent, 06 October 1997; [1997] EWCA Civ 2283
31 Jul 1997 CA	Insurance, Contract	Casemap 1 Cites 1 Citers
	Link[s] omitted

Agnew and others -v- Lansforsakringsbolagens [1997] EWCA Civ 2253; [1997] 4 All ER 937
31 Jul 1997 CA Hobhouse and Schiemann LJJ, Evans LJ	Insurance, International	Casemap 1 Citers
	Conflict of laws. Re-insurers sought to invalidate a claim alleging misrepresentation or non-disclosure. Did the duty of disclosure continue after the contract was in place. Evans LJ, dissenting said: "the reference in Article 5(1) to 'the obligation in question' ought not to be considered in isolation from the remaining words in Article 5(1), any more, that Article 5 should be interpreted without regard to the fact that it creates a special exception to the general rule of domiciliary jurisdiction in Article 2."
	Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988
	[ Bailii ]

Pendennis Shipyard Ltd and Others -v- Magrathea (Pendennis) Ltd (In Liquidation)
27 Aug 1997 QBD	Costs, Insurance
	Insurers conducting defence for own purposes though not parties were liable to pay costs of successful plaintiff.

Boyle -v- Smith and Motor Insurance Bureau [1997] EWCA Civ 2321
1 Sep 1997 CA	Insurance, Road Traffic
	Link[s] omitted

Eide Uk Ltd and Another -v- Lowndes Lambert Group Ltd and Another
3 Sep 1997 QBD	Insurance
	Lien on policy under Act is not also a lien on the proceeds of any claim under it; There had been no intention in the Act to provide additional protection to broker.
	Marine Insurance Act 1906 53(2)

The National Insurance and Guarantee Corporation Plc -v- Imperio Reinsurance Company (UK) & Another Unreported, 30 September 1997
30 Sep 1997 ComC Colman J	Agency, Insurance
	ComC Reinsurance broker, whether in breach of duty to effect cover, whether waiver, estoppel or ratification a good defence; relationship between ratification and waiver; nature of principal's representation as to satisfaction with cover; availability of estoppel where Law Reform (Contributory Negligence) Act applicable, extent of discount for contributory negligence of a principal reassured

Banque Paribas (Suisse) S.A. -v- Stolidi Shipping Company Ltd & Ors Unreported, 7 October 1997
7 Oct 1997 ComC Clarke J	Insurance
	Insurance - duty of insurance brokers - claim by bank against insurance brokers for alleged breach of duty of care owed to bank - brokers employed by ship owners. Held: brokers owed bank a duty of care not to mislead the bank and to ensure that the bank was not labouring under a misapprehension - brokers in breach - bank entitled to recover damages on the basis that but for breach, when she became a CTL, the ship "STOLIDI" would have been insured for 100% instead of 21.5%.

John Haydn Morgan -v- Batten and Co (a Firm) [1997] EWCA Civ 2431
7 Oct 1997 CA	Insurance, Professional Negligence
	Link[s] omitted

Ian Robert Galloway -v- Guardian Royal Exchange (Uk) Limited [1997] EWCA Civ 2487; [1999] LRIR 209
15 Oct 1997 CA	Insurance	Casemap 1 Cites 1 Citers
	The claimant's policy had been declared void ab initio by the court. On the application form he had falsely stated that he had no convictions, but had only shortly before been convicted of obtaining a pecuniary advantage by deception. Part of the claim had also been found to be dishonest, and had been convicted of an offence for that. Held: That fraudulent part contaminated the whole claim. The contract of insurance being one of utmost good faith, the assured could not first make a fraudulent claim , then seek to leave that part and pursue the rest. He will forfeit all benefit under the policy whether there is a condition to that effect or not." The appeal failed.
	Link[s] omitted

Desouza -v- Waterlow (on her Own Behalf and on Behalf of All Other Members of Lloyd's Syndicate No 508 Who Trade As Hermes Motor Policies at Lloyd'S) [1997] EWCA Civ 2500
16 Oct 1997 CA	Road Traffic, Insurance
	Road Traffic Act 1988 151
	Link[s] omitted

Robert Irving & Burns (a Firm) -v- Stone and others [1997] EWCA Civ 2507
16 Oct 1997 CA	Insurance, Professional Negligence
	A claim under an insurance policy was not made when the writ was issued but rather when it was served on the insured; Insurer's denial of liability was valid.
	Link[s] omitted

John Disney Donhou and Gatco Limited -v- London and Edinburgh Insurance Company Ltd [1997] EWCA Civ 2558
23 Oct 1997 CA Morritt LJ, Buxton LJ	Insurance
	Renewed application for leave to appeal.
	Link[s] omitted

Jordan Grand Prix Limited -v- Baltic Insurance Group and others (By Original Action) and Baltic Insurance Group -v-; Quay Financial Software Limited; Dermot Desmond and Gerard Giblin (By Counterclaim) [1997] EWCA Civ 2567; [1997] EWCA Civ 2568
24 Oct 1997 CA	Jurisdiction, Insurance, Litigation Practice	Casemap 1 Cites 1 Citers
	A counterclaim by insurers had to be limited to the original defendants. There is no jurisdiction to join additional third parties who were not within the jurisdiction.
	Brussels Convention 1968 Art 11
	Link[s] omitted

DSG Retail Ltd v QBE International Insurance Ltd [1999] Lloyd's Rep IR 283
4 Nov 1997 ComC Tuckey J	Insurance
	Joint proposal for over redemption insurance. Insurance held not composite. Each proposer liable for misrepresentations in proposal.

Jagjivan Kumar v AGF Insurance Ltd [1999] 1 WLR 1747; [1998] 4 All ER 788; [1999] Lloyd's Rep IR 147; [1999] PNLR 269
10 Nov 1997 ComC Thomas J	Insurance
	ComC Professional Indemnity - effect of fraudulent misrepresentations on non-avoidance clause. Scope of basis of contract clause and ability of indemnities to avoid for breach.

State of Netherlands (Represented By Minister of Defence) -v- John Ludbrooke Youell and Peter Nathan Chrismas and Other Set Out In Schedule To Amended Writ of Summons [1997] EWCA Civ 2715
13 Nov 1997 CA	Insurance	Casemap 1 Cites 1 Citers
	Link[s] omitted

Aneco Reinsurance Underwriting Ltd (In Liquidation) -v- Johnson & Higgins
14 Nov 1997 CA	Insurance, Professional Negligence
	Claims against insurance brokers for negligence are to be heard at the same time as a claim with regard to repudiation of liability; need for notes of arrangements.

J A Chapman & Co Ltd v Kadirga Denizcilik Ve Ticaret AS & Others [1998] Lloyd's Rep. I.R. 377; [1998] CLC 860
14 Nov 1997 ComC Thomas J	Insurance	Casemap 1 Cites 1 Citers
	In marine insurance, the assured remains liable to the broker for premiums even though not paid on to insurer save in exceptional circumstances - Marine Insurance - premium warranty - liability to pay after breach of warranty.
	Marine Insurance Act 1906

John A Pike (Butchers) Limited -v- Independent Insurance Company Limited [1997] EWCA Civ 2789
21 Nov 1997 CA	Insurance
	Link[s] omitted

Gopee (a Bankrupt) -v- Sun Alliance and London Insurance Plc [1997] EWCA Civ 2817
25 Nov 1997 CA	Insurance, Insolvency
	Link[s] omitted

Roar Marine Ltd & Ors v Bimeh Iran Insurance Co [1998] 1 Lloyd's Rep. 423
26 Nov 1997 ComC Mance J	Insurance
	Insurance - Co-insurance- follow the leader clause binding - following market by leaders settlements - effect whether subject to any proviso that leader's settlements should have been concluded in a proper and business like way - summary judgement in insurer's favour.

Elf Enterprise (Caledonia) Ltd -v- London Bridge Engineering Ltd and Others
28 Nov 1997 OHCS	Insurance
	An insured, once his claim has been paid by his own insurers has then no right to claim on indemnities which had been obtained from third parties for the same loss.

Society of Lloyd's v Fraser (No. 1) [1998] CLC 127
3 Dec 1997 ComC Tuckey J	Insurance	Casemap 1 Cites 1 Citers
	Lloyd's litigation: abuse of process for names to raise fraud defence to claim for Equitas premium which could have been raised in earlier test cases.

Eide UK Ltd and Another -v- Lowndes Lambert Group Ltd and Another [1997] EWCA Civ 3005
16 Dec 1997 CA	Insurance
	Insurance broker may generally exercise a lien for an unpaid premium over the proceeds of a policy, but not over a policy of a co-assured over debt of the other assured.
	Marine Insurance Act 1906 53(2)
	Link[s] omitted

Wilson Bowden Properties Limited -v- Herbert Anthony Milner Bardon 22 Limited [1997] EWCA Civ 3051; [1997] EWCA Civ 3052
18 Dec 1997 CA	Insurance
	Link[s] omitted

Den Danske Bank A/S and Others -v- The Skipton Building Society & Others [1998] 1 EGLR 140
19 Dec 1997 ComC Thomas J	Insurance, Contract
	ComC Insurance - Mortgage guarantee insurance - condition as to compliance with lending criteria - consequences of failure to comply. Master Mortgage guarantee insurance policy - whether term warranty descriptive of the risk or condition precedent or other term. Recovery of claims paid - mistake. Obligation to sue negligent professionals Contract - Penalty clause Contributory negligence- applicability of Law Reform Act 1945 to claim for breach of contractual duty of care. Negligence - Securitisation - title of banks buying bonus to sue agent who effected the loans for transfer.

Sucha Singh Mann -v- Sun Alliance and London Insurance Plc [1997] EWCA Civ 3079
19 Dec 1997 CA	Insurance
	Link[s] omitted