Gan Insurance Company Ltd. v The Tai Ping Insurance Company Ltd. [2002] EWCA Civ 248 (1st March, 2002)

Gan Insurance Company Ltd. v The Tai Ping Insurance Company Ltd. [2002] EWCA Civ 248 (1st March, 2002)

Gan had no real prospect of showing that Tai Ping failed to co-operate under the CCC, as the information requested was either irrelevant, already provided, or adequately addressed by existing reports. However, Gan should be permitted to advance at trial its case that Tai Ping did not act in a proper and businesslike manner in settling the Winbond claim, as new particulars and evidence raised arguable issues requiring investigation at trial.

Citation
[2002] EWCA Civ 248
Parties
Claimant/appellant: GAN Insurance Company Ltd; Defendant/respondent: The Tai Ping Insurance Company Ltd
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (part 24) in the Commercial Court, Queen’s Bench Division
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Claims Co Operation Clause, Proper and Businesslike Settlement, Summary Judgment, Interpretation of Reinsurance Contracts
Insurance Law Reinsurance Law Commercial Law Claims Co Operation Clause Proper and Businesslike Settlement Summary Judgment Interpretation of Reinsurance Contracts

Case Brief

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Parties

GAN Insurance Company Ltd

Claimant/appellant

The Tai Ping Insurance Company Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (part 24) in the Commercial Court, Queen’s Bench Division

Legal Issues

  1. 1 Whether Tai Ping failed to co-operate in the investigation and assessment of loss under the Claims Co-operation Clause (CCC)
  2. 2 Whether Tai Ping failed to act in a proper and businesslike manner in settling Winbond’s claim

Ratio Decidendi

Gan had no real prospect of showing that Tai Ping failed to co-operate under the CCC, as the information requested was either irrelevant, already provided, or adequately addressed by existing reports. However, Gan should be permitted to advance at trial its case that Tai Ping did not act in a proper and businesslike manner in settling the Winbond claim, as new particulars and evidence raised arguable issues requiring investigation at trial.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Gan permitted to advance at trial its contention that Tai Ping did not act in a proper and businesslike manner in settling with Winbond.
  • Paragraph 8 and part of paragraph 9 of the Re-Amended Points of Claim struck out; Gan has no reasonable prospect of success on the co-operation issue at trial.